Daily Archives: October 18, 2013
What to Expect Payment After Settling Workers’ Comp Claim
After mediating or otherwise settling a workers’ compensation claim in Georgia you will probably be wondering when to expect your check. The Georgia State Board of Workers’ Compensation uses a paperless filing system. The ICMS system (Integrated Claims Management System) allows workers’ compensation claims in Georgia to be approved quite quickly. Here is a breakdown of the process of settling a workers’ comp claim in Georgia and getting paid:
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Both parties reach an agreement. Typically this is a dollar figure, it can also include medical care or other provisions that either side wishes to include.
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The defense attorney sends a copy of the agreement to the employer
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The claimant and their attorney (if they are represented) gets a copy of the agreement. They will be required to sign their name in several places.
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The agreement is sent back to the defense attorney for signatures.
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The agreement is sent electronically to the State Board of Workers’ Compensation in Atlanta via ICMS.
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The State Board approves the agreement. This usually takes about a day or two.
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The employer and/or insurance company has 20 days to issue payment.
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If the employer/insurance company fails to pay within 20 days of the Georgia State Board’s approval, a penalty of 20% may be added (per O.C.G.A. 34-9-15).
A worker’s compensation case in Georgia involves a hearing that is held in front of an Administrative Law Judge with no jury. It is a fast track proceeding. You should expect the outcome from 30 – 90 days from when you make your request. With a computer based paperless system, exact precision with filings is required in order for the documents to be processed correctly and efficiently. The State Board has a form for obtaining evidence in possession of the opposing party even before a hearing is requested.
Lump Sum Advances
If you are injured at work in Georgia and are receiving workers’ comp benefits, it might be difficult to make ends meet. The state of Georgia’s workers’ compensation insurance for temporary total disability pays 2/3 of your pre-injury wage with a cap of $525 per week. For many people this can make life quite difficult. Fortunately, there are a few options that may relieve some of the burden.
One option is to apply for a loan and borrow against your future permanent impairment rating, future settlement or future verdict. There are several companies that offer this type of very high interest loan. This option is not recommended and should only be used if you are facing a dire financial situation such as losing your home or another situation that must be addressed quickly. Typically you will owe close to twice the amount you borrow after interest and fees are added to the total.
Another, better option is to request a lump sum advance on your future permanent partial disability (PPD) rating. You can visit Georgia’s State Board of Workers’ Compensation website and fill out a form WC-25. You are required to have been on temporary total disability (TTD) benefits for 26 weeks (or 6 months) in order to qualify for this option. Typically the workers’ compensation insurance adjuster (or attorney) will agree to this as long as your request is reasonable when compared to your injury and likely PPD rating.
If the worker’s compensation insurance adjuster does not grant your request, you can file the form WC-25 with Georgia’s State Board of Workers’ compensation, then wait 15 days for the other side’s objection. You will be notified if the Administrative Law Judge grants you an advance. If you have questions about Georgia’s workers’ compensation law related to lump sum advances you should contact an attorney.