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.