Answering

Settling a workers’ compensation claim

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Have you or someone you love been hurt at work? Fill out the contact form below for a free consultation to examine your workers’ compensation rights, or call us at (770) 637-0105, even if you’ve been denied benefits.

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Settling workers’ compensation claims for injured workers

The workers’ compensation law in Georgia encourages settlement whenever possible. Cases can even be settled before you physically recover from your injuries. But in most cases, injured workers settle only after their medical conditions have stabilized. This is a practical move considering that workers may not know whether their physical damages will be permanent or temporary. Also, you may find it very difficult to live on workers’ compensation benefits.

The settlement procedure

You typically start the settlement process by submitting a settlement demand to the insurance company. This is a starting point for the parties to negotiate a settlement figure and terms necessary to close the case. The insurance company may reject or accept the demand or counter with a new offer. Negotiations will ensue until both parties have agreed on a settlement amount.

Workers’ compensation settlement in Georgia is purely voluntary. The judge or State Board official cannot force you or the insurance company to settle the claim. Both parties must agree to the settlement terms and conditions. Georgia workers’ compensation cases where income benefits were paid generally settle on a compromise liability basis, where the parties agree to foreclose on future liability and risk. Alternatively, suppose no income benefits are paid. In that case, the employer will generally insist on settling on a no-liability basis disputing its responsibilities under the Georgia Workers’ Compensation Act in exchange for a lump sum of money.

Workers’ compensation settlements generally release the employer from all other claims to the injury, including wage loss benefits, vocational rehabilitation services, and the right to medical treatment. Most insurance companies require a complete closure of the claim upon settlement, ending their obligation to pay benefits.

The parties can cancel the settlement at any time before the Workers’ Compensation Board approves the settlement agreement. But once a judge approves the settlement, it cannot be canceled. As the injured worker, you are entitled to payment after 20 days once a judge approves the agreement.

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Terms of agreement for the settlement

The terms of the agreement will determine the distribution of settlement money. Several items may be subtracted from your settlement.

  1. Unpaid medical bills
  2. Attorney’s fees
  3. Unpaid child support
  4. A portion of the settlement money may also be set aside for future medical treatment related to the work injury

Work with injury lawyers who care

Filing for and negotiating a workers’ compensation settlement demands legal skills and knowledge. A lawyer will always represent the insurance company, and you will be disadvantaged if you do not have an attorney.

We are committed to getting a fair outcome and care for you and your family through the process. Schedule a consultation with one of our trusted lawyers.

Client-Focused Representation

Unlike many workers' compensation law firms, our Firm’s focus is on the injured worker’s current well-being, best possible recovery, and life after the claim. If Ramos & Law accepts your case, we will put your interests before ours. As a client, you will have a dedicated legal team working to provide you with the best possible options for you and your family. You will not be “just another client." We will understand your medical care plan and create options for having the best quality of life during and after the claim.

Driven By Honesty

At Ramos & Law, we pride ourselves on making a genuine connection with our clients. We will not promise you miracles or provide you with a “sales pitch.” We believe that if you have been injured at work, the last thing you need is someone who will be dishonest with you. If we accept your case, that means we believe in you, and we believe we can help you maximize your claim. It means we will care about you and your family, and we will stand up in court for you. If we do not recover for you, we do not get paid.

Client Reviews & Testimonials

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Bryan is a very great and honest attorney. I would recommend him and his staff to anyone under the same conditions I have been through. He is trustworthy, kind, caring, and very sincere about his clients.

Michael M. ( Hampton, GA )
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I was referred to Bryan Ramos by a friend. I felt like Mr. Ramos and his staff had my best interests at heart, and I would refer other friends to them.

Beth S. ( Acworth, GA )
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During such a painful and frustrating time, Bryan, Melissa, and the entire staff of Ramos & Law made things so easy and were always there when I needed them!

Kevin ( Atlanta, GA )
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I would like to thank Ramos & Law for all the hard work and devotion in handling my workers’ compensation claim. I was very pleased with your services.[..]

Loretta B (Thomasville, GA)
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I highly recommend Ramos & Law. Mr. Ramos and his staff are very knowledgeable and treated my case as if it was a top priority.

A.D.M. ( Thomasville, GA )
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Throughout the entirety of my case, I felt like the attorneys and staff had my best interests at heart. I always felt everyone was concerned about my well-being at all times. [..]

Marsha J. ( Marietta, GA )
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I recommend Ramos & Law. The attorneys always kept me posted, and whenever I needed something they responded. It was a blessing, and I am very happy with my settlement. [..]

Willie S. ( Covington, GA )
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Mr. Ramos made the legal picture clearer for me. I was not guessing, and Mr. Ramos made things move quicker. Once Mr. Ramos became involved, my mind was more at ease, and I was assured that my case would [..]

Charles C. ( Fayetteville, GA )
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If you need to find a workers’ compensation attorney, I recommend Bryan Camacho Ramos of Ramos & Law. Mr. Ramos is an attorney who listens well. Mr. Ramos understood my situation [..]

Jeroldine C. (Covington, GA)
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I would like to express my deepest gratitude to Ramos & Law. When every other attorney made me feel my case was dead, Mr. Ramos assured me that there was life, and I got exactly what he said I would.[..]

Billy H. (Atlanta, GA)
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I was referred to Attorney Ramos from another law firm that I had contacted, and that was one of the best decisions that I made. The first day that I went to his office, [..]

Angela C. (Atlanta, GA)
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Mr. Ramos was a blessing to me. He came highly recommended and proved to be more than I ever could have hoped for. He and his assistant Gail kept me informed and walked me through an awful situation.[..]

Bobbye R. ( Dacula, GA )
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Mr. Ramos did a very good job representing my mother in a workers’ compensation case. His professionalism was on display at all times, and his obvious skill made us feel that her case was in good hands. [..]

Brian

REPRESENTATIVE CASES

These case studies are not meant to promise or guarantee a certain or similar result, but rather to demonstrate the legal attention and work ethic our attorneys assert in our cases. Every case is different and is fact sensitive.  Certain facts can greatly influence and determine a client’s award, outcome, and recovery.

Back Strain

An employee worked for a manufacturer of outdoor power products in Middle Georgia. His job required him to pull pallets of material across the work area. As a result, he experienced a back strain. The manufacturer denied the claim and contested his need for medical care. Ramos & Law was able to secure helpful diagnostic scans and meaningful medical care for the injured worker. After a few months of litigation, the parties reached a settlement of $65,000 with a complete resolution of all outstanding medical bills.

Foot Injury

An employee was stocking heavy merchandise for a large retailer in Columbus, Georgia. During the course of her job duties, a stocking cart of the merchandise fell on her right foot and great toe. The national retailer directed her to its company doctors but she received very little relief. The attorneys at Ramos & Law were able to navigate her medical care to more qualified doctors where she received a better overall results. As she reached maximum medical improvement, the large retailer settled the claim for over $100,000 and paid for all of her past medical treatment.

Failed Back Syndrome

An employee was working part-time for a large automotive parts store. The employee fell off a ladder injuring his teeth, neck, ribs, and low back. After exhausting conservative medical care, physical therapy, injection regimens, and medication, it became clear that this injured employee required the need for spinal surgery. While the insurance company fought the surgery, Ramos & Law was able to force the insurance company into paying for the surgery and associated therapies including the implant of a spinal cord stimulator. Given the severity of the injury, Ramos & Law was able to refer the client to a federal disability benefit specialist who assisted him in securing Social Security. This part-time employee settled his case for $185,000 plus almost $300,000 in future medical care.

Low Back Herniations

A pediatric physician injured his back while assisting a child off an examining room table. As a result, the physician herniated several discs in his spine which also triggered depressive mental episodes. While the insurance company denied medical coverage for his numerous symptoms, Ramos & Law was able to secure quality medical care for the employee including orthopedic care, psychiatric treatment, a spinal cord stimulator, and physical therapy. Additionally, the employee received on-going income benefits at the maximum workers' compensation rate.  At the end of the case, the matter settled for a figure close to $250,000 in addition to payment of previous medical bills.

Shoulder Injury

An employee at a beverage maker in Atlanta was stocking heavy cases of merchandise when she felt severe neck and shoulder pain. It was revealed that she suffered a torn rotator cuff. While the beverage maker initially denied her medical care, Ramos & Law was able to convince the employer to approve her treatment plan and accept the case. After months attempting to return to work, it was clear that the employer was not able to accommodate her medical limitations. As a result, the case settled for $115,000, along with all her medical bills being paid.

Severe Burn

A part-time grocery employee fell into a tub of “degreaser” that caused severe third degree burns over his torso and buttocks region. The employee required immediate medical care and several weeks in the intensive care unit within the local burn center. The costs of the care reached in the millions of dollars. While the grocery store denied liability for the accident, the attorneys at Ramos & Law were able to secure a settlement of $250,000 in addition to the employer’s acknowledgment to pay for all past medical bills.