Ty Wilson Law Podcast
Ty Wilson Law Podcast
#211 Georgia Workers' Compensation Lawyer - What is Your Workers' Compensation Claim Worth?
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So what is your workers compensation claim worth? Hello. My name is Ty Wilson. I'm a Georgia workers compensation attorney practicing law in the state of Georgia. And so we're going to be talking about Georgia workers compensation claims today. Well, in Georgia workers compensation claim, we have a lot of injured workers who are upset and they're in a great deal of pain, or they've gone through some painful procedures, such as surgeries and so forth. And they usually have a figure that they want in their head when they're talking about settlement. And they want to know how much will my claim settle for? And the reality is we are pretty good at talking about a range of settlement values. However, in determining the value of a settlement, there's three things that they look at.

We look at the weekly checks. Are you receiving weekly checks? Well, how many weeks in the future are you going to continue receiving those weekly checks? If you know that and you are guaranteed that amount? Well, we can guarantee at least that time frame that you are going to receive those checks. Now, is there anything that can happen that would shake that up or change that? Well, of course there is. If you're in your car driving to a doctor's appointment and get in a motor vehicle collision, which aggravates and or interrupts your injury that may cut up the exposure for the workers compensation insurance company. And now you may have an auto insurance claim. Not that you want that. But I'm saying there are things in life that can change. So there is no guarantee that you're going to get paid that many weeks in advance. And so that's what inherently makes it hard to get a cold specific number. There are ranges of values, and as attorneys, we get familiar with them, as we have handled many cases through the years. If you have a worker's compensation attorney on your claim. 

And so one of the big things is how much are you getting paid per week? Is it a low comp rate? Are you making 200 a week or is it a higher comp rate and you have the Max rate, 675 per week? Well, that has a big determination on the future value of the claim. In addition to that is future medical; How many future medical appointments will you have with orthopedic will you need another surgery? Will you need to go under injections or have injections? We need to have more expensive diagnostic testing, such as MRIs, EMG, nerve conduction studies, milligrams, etc. Or are you pretty much done with your care if you're done with your care, well, then there's not a lot of expected future medical care, and that will affect the value of your claim. 

And so we talked about the weekly checks. We talked about the income benefits. The last thing is permanent impairment. A lot of people say, oh, permanent impairment. This is where I'm going to get the pain and suffering. It is not to be confused with pain and suffering at all. It's a number that can be calculated to the Penny, so long as you know three things. One, what is the weekly check amount? Two,  what body part is injured and what weeks are associated with that body part that can be determined rather easily? Three, what is the impairment rating? Impairment rating is something that the doctor will give you based upon your conditions. And based upon what is called the AMA guidelines. And so they determine what percentage of impairment for a particular body part based upon your functionality. If you know those three numbers, then yes, without a doubt, you can calculate that to the Penny. 

However, usually there's some guesswork as to what is the impairment because the injured worker does not have an impairment rating established. And even if they have that once again, as an opinion, you could get a second one. It can be different. You could have further aggravating problems, which could make the impairment rating go higher, etc. And so there's a bunch of moving parts he