Workers' Comp Settlements in Georgia

Yes. The parties can resolve a claim through a stipulated settlement agreement, but it must be approved by the State Board of Workers' Compensation (its Settlement Division assists the Board in reviewing and approving settlements and lump-sum advances). Settlements may be made with the employer or insurer accepting liability or on a no-liability basis. A settlement accepting liability must state the issues the parties disagree about and that reasonable and necessary medical bills have been or will be paid. The Board will not approve a stipulation that releases claims outside its jurisdiction, and it may hear evidence or make confidential inquiries about any settlement. Attorney fees in a settlement must also be approved by the Board and generally cannot exceed 25%.

Temporary total disability benefits are paid as long as the worker is totally disabled, but no longer than 400 weeks (for accidents on or after July 1, 1992). If the worker is not working and has been able to work with restrictions for 52 consecutive weeks or 78 total weeks, benefits are reduced to the temporary partial rate for up to 350 weeks. Temporary partial disability benefits for a worker who returns to a lower-paying job last no longer than 350 weeks from the date of injury. A worker with a catastrophic injury may be entitled to lifetime benefits.

In Georgia, a workers' comp attorney's fee is based on your agreement with the lawyer and must be approved by the State Board of Workers' Compensation if it is more than $100; no fee greater than 25% of the employee's award of weekly benefits or settlement will be approved. For general questions, the Board can be reached at (404) 656-3818 or 1-800-533-0682.