Factors that Affect the Value of Workers’ Comp Settlements

Nov 14, 2022

If you’re injured at work, you may be entitled to workers’ compensation benefits. These can help to cover lost wages and medical treatments required after the accident.

The process for receiving workers’ compensation is complex and several factors will influence the value of your claim.

Extent of Injury

The extent and severity of your injury will be the greatest single factor affecting the value of your workers’ comp claim. If your injury prevents you from returning to work or limits your ability to perform your job duties, the compensation value may increase to make up for the resulting loss in wages.

The extent of your injuries may have a direct impact on:

  • How long you will be out of work
  • Whether you will ever be able to return to work
  • Whether you’ll be entitled to job retraining or occupational therapy benefits

Some injuries are severe enough to qualify for permanent disability benefits. These will all be factored into the valuation of your workers’ compensation package.

Future Medical Considerations

Frequently, workplace injuries result in costly medical treatment. Workers’ comp benefits can cover the cost of current and future medical treatment required for your accident. Determining the appropriate compensation for future medical expenses is often difficult, and you may need to work with a workers’ comp lawyer to ensure you’re claim isn’t undervalued if you suspect you’ll have significant future healthcare costs.

Challenges to Your Case

If you claim benefits that you’re entitled to, there’s a chance that claim will be challenged by your employer or their workers’ comp insurance provider. Workers’ compensation claims can be subject to challenge throughout the duration of the process.

If there is a challenge to your benefits, the value of your case may decrease, which can prevent you from receiving your full workers’ compensation amount. For example, your workers’ comp company may acknowledge you have a legitimate claim but disagree with a certain aspect of it, like how long you’ll need to miss work or be on temporary disability.

In situations where your case is challenged, reaching a settlement may be a beneficial route to consider. Your injury lawyer may be able to negotiate with the insurer to find a middle ground.

Average Wages

The amount of money you make also affects the value of your workers’ compensation. Your official payment will be determined by your average weekly wage.

How Is Workers’ Compensation Calculated in Georgia?

In Georgia, your average weekly pay is multiplied by two-thirds to get your compensation rate. There is a cap of $625 per week for temporary wage benefits.

Workers Compensation Settlements

Workers’ compensation settlements are sometimes offered to injured employees. Settlements can be a lump sum or a structured payment plan.

Not all cases end in settlement, but many do if the amount needed to cover wage replacement and post-injury care is particularly high or in dispute.

The total value of a payout with workers’ compensation settlements will be determined by your insurance or through negotiations with your workers’ compensation lawyer. Settlements may limit the total potential valuation of your workers’ compensation case. Once you accept a settlement, it is unlikely you will be able to go back and revise the agreement.

If you’re concerned about the valuation of your workers’ comp claim or are tempted to settle for less than what you believe you need to recover, it may be in your interest to speak with an Atlanta workers’ compensation attorney.

Are You Entitled to Workers Compensation?

If you’ve been injured at work and have been offered a workers’ compensation settlement, you may want to speak to an attorney before settling. A one-time payment can be appealing amid unexpected bills and expenses, but that lump sum might not last for the duration of your recovery.

At the Dressie Law Firm, our Atlanta injury lawyers provide support and representation for worker’s compensation cases. We are committed to advocating on behalf of all injured workers in the state of Georgia, and we’ll strive to maximize your benefits. Contact us today at 678-679-0569 to get started.