The process for receiving a settlement for a workers compensation claim begins with the employers compliance with the workers compensation laws. All employers are required by law to obtain workers compensation insurance or provide benefits through self insurance. The benefits provided by workers comp are designed to be the sole remedy for the recovery of medical and disability benefits for job-related injuries and normally protect the employer from civil lawsuits. Filing a claim for and receiving workers compensation benefits is similar to filing a medical insurance claim, except that medical treatment is usually completely covered under workers compensation benefits, and as many of us know, this is often not the case with our medical insurance.
The process for receiving a settlement begins with the prompt notification and documentation of your injuries or illness. The employer has no responsibility in a workers compensation case until he is made aware of the injury. Once notified, he is obligated to assist the employee in obtaining adequate medical care. Under the rules and regulations of the workers compensation system, the employer must provide a list of approved physicians who can treat your injury or illness. A settlement may be denied if an employee receives medical treatment from physicians or at facilities that are not pre-approved by the employer.
Documentation is an essential part of the settlement process and ensures that your claim information is distributed to the appropriate parties. The employer must be notified as soon as an injury occurs or an illness is discovered. Once notified, the employer will document the claim and submit forms to the workers compensation insurance company and to the State Board of Workers Compensation (www.sbwc.georgia.gov). Your compensation settlement is processed and paid to you provided there are no disputes from the employer.
Injured workers are sometimes offered lump sum settlements from their employers insurance company in place of the traditional workers compensation benefits. This important decision should not be made without the professional advice of a qualified workers compensation attorney as your future financial welfare and health are at stake.
The Marietta workers compensation law firm, Nicholson & Associates, has successfully handled the settlement of many workers compensation cases and provides advice on the workers compensation filing process.


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