Workers' Compensation Attorney

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Georgia Workers' Compensation Settlements

 

One of the most common questions that we receive is “How much is my claim worth?”  Well, the answer depends on many things.  In Georgia’s workers’ compensation, these are the only three aspects that are permitted for a workers’ compensation claim settlement.

 

  • Weekly income benefits
  • Any PPD rating
  • An amount for medical care closure costs

 

The bulk of the value of the claim is when permanent work restrictions are assigned and unable to be accommodated by the employer.  In this case, the employer has liability for weekly income benefits from 400 weeks from the date of accident or 350 weeks if released to light duty.  The exact amount depends on the person’s weekly workers’ compensation rate which depends on their average weekly wages 13 weeks prior to the date of the accident.

The second aspect of a workers’ compensation claim settlement is any permanent impairment rating.  This is determined by the AMA Guides, 5th Edition, in theory.  However, most doctors, admittedly, just estimate this amount.  Occasionally you may be sent for an actual functional capacity evaluation with a PPD rating assigned by the examiner and signed off by the authorized treating physician.  Once the amount is determined or estimated, a formula is used to calculate the amount that that impairment is worth.  This also depends on what your weekly compensation rate is.

The final aspect that goes into a workers’ compensation claim settlement is an amount that is considered for the closure of your medical care costs.  Please remember that the insurance company does not really care how much it costs you, they are looking at their exposure and paying a portion of it.  Frequently we rely on industry standards to determine the amount of money that will be allocated for medical care closure costs in a claim.

Unfortunately, there is no compensation for pain and suffering involved in a workers’ compensation claim settlement.  There is the exclusive remedy doctrine in Georgia which states that an injured worker may not bring a cause of action for negligence against their employer or co‑worker.  In other words, you cannot sue in tort.

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See What People Are Saying

I would highly recommend Beth to anyone needed a Workers Compensation Lawyer.

From the moment I called Beth, I knew I had made the right decision. She returned my initial phone call very promptly and was sensitive to my case and situation. I had an injury in Georgia, but live in New York so the case was complicated and unique. I found her to be extremely knowledgeable about Georgia Workers Compensation laws which is what I needed assistance with. I would highly recommend Beth to anyone needed a Workers Compensation Lawyer.

Client Testimonial

5.0
2018-05-16T13:40:08-04:00

Client Testimonial

From the moment I called Beth, I knew I had made the right decision. She returned my initial phone call very promptly and was sensitive to my case and situation. I had an injury in Georgia, but live in New York so the case was complicated and unique. I found her to be extremely knowledgeable about Georgia Workers Compensation laws which is what I needed assistance with. I would highly recommend Beth to anyone needed a Workers Compensation Lawyer.

It turned out to be the best decision I have made in a long, long time.

I got injured at work. Trying to deal with the insurance company became overwhelming mainly because I needed surgery and they would not respond to my calls or emails. I researched local attorneys and decided to choose Gearhart Law Group mainly because it was smaller, I liked the information I read and I felt I might get more individual attention. It turned out to be the best decision I have made in a long, long time. Beth Gearhart made me feel as though I were her only client. She responded to my emails immediately, every time. She explained the whole process from the beginning and everything unfolded exactly as she explained it would. The process took time but I received the surgery I needed and in the end was very surprised by the large financial settlement I received due to Ms. Gearhart’s expertise. I highly recommend Gearhart Law Group.

R. Draine

5.0
2018-05-16T13:27:43-04:00

R. Draine

I got injured at work. Trying to deal with the insurance company became overwhelming mainly because I needed surgery and they would not respond to my calls or emails. I researched local attorneys and decided to choose Gearhart Law Group mainly because it was smaller, I liked the information I read and I felt I might get more individual attention. It turned out to be the best decision I have made in a long, long time. Beth Gearhart made me feel as though I were her only client. She responded to my emails immediately, every time. She explained the whole process from the beginning and everything unfolded exactly as she explained it would. The process took time but I received the surgery I needed and in the end was very surprised by the large financial settlement I received due to Ms. Gearhart’s expertise. I highly recommend Gearhart Law Group.

Would have given her 10 stars if possible!

Highly recommend Beth for WC claims! I was ALWAYS able to talk to her when I called and she responded to my emails very quickly. She was able to get us a very fair amount and did not just tell us what we wanted to hear, she was very honest! Would have given her 10 stars if possible!

B. Atwater

5.0
2018-05-16T13:29:37-04:00

B. Atwater

Highly recommend Beth for WC claims! I was ALWAYS able to talk to her when I called and she responded to my emails very quickly. She was able to get us a very fair amount and did not just tell us what we wanted to hear, she was very honest! Would have given her 10 stars if possible!

Gearhart Law Group the best in GA hands down!!!

Words can’t express how thankful I am for such a superb team! From the very beginning Beth waisted no time, she executed every step of the way. I never had to worry. Gearhart Law Group made me feel like I was there most important priority and not another file you just throw away on the desk. From finding doctors and getting the best treatment possible Khristy, your a trooper thank you so much. Gearhart Law Group the best in GA hands down!!!

D. Evans

5.0
2018-05-16T13:40:58-04:00

D. Evans

Words can’t express how thankful I am for such a superb team! From the very beginning Beth waisted no time, she executed every step of the way. I never had to worry. Gearhart Law Group made me feel like I was there most important priority and not another file you just throw away on the desk. From finding doctors and getting the best treatment possible Khristy, your a trooper thank you so much. Gearhart Law Group the best in GA hands down!!!
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