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after the settlement Georgia

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  • after the settlement Georgia

    Well, we are now in the settlement dance of demand/ counter offer, so maybe this is nearing the end.
    My question is for after the settlement is finalized, I have the check and I return to whatever form of employment I can do....

    :if I am at a new job and the knee worsens, how does the case proceed after final settlement? Is it re-opened from the original comp case?

    Or is it a new case?

    If WC pays for aggavation of existing condition, does arthritis count as existing condition?


  • #2
    If you settle it full and final, then no, you can't come back and claim worsening. That is the purpose of settling the claim. If you have a new injury with another employer that injury might be covered by their WC policy, but you can't reopen the prior claim. If it just gradually gets worse, then your own insurance would cover.

    Yes, arthritis is a preexisting/degenerative condition. If you have an injury that aggravates it or makes it worse, then WC will cover the aggravation. It would only cover the arthritis treatment as far as it could not be separated from the injury treatment. In other words, if you require surgery to treat the injury, the surgeon can't ignore the fact that the arthritis is there. However, when and if it were to go to permanency or settlement, the carrier/employer would only be responsible for the degree of disabiliy resulting from the injury, not the underlying condition.

    Whether or not to settle a claim should be discussed with your doctor as much as with your lawyer. If future treatment and worsening are inevitable, then settling the claim may not be the best alternative. Certainly take the advice of the lawyer but be sure to have that discussion with the doctor as well and make sure the lawyer is aware of your long term prognosis. There are ways to structure a settlement that might be beneficial to you if you do need future care, but that is best left to the lawyer.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


    • #3

      Hi there~ Comment/question; I am in the "pre-settlement" stage also, and my attorney told me that if in the future, after settling, if I had any problems with my injury that I could re-open my case and that it would be taken care of through "special funds" (I think that's what she said). Is this just in my state? (I'm in NY) Or did I misunderstand? I sustained muliple injuries from my fall, and my doctor has already classified me PPD (my shoulder injury), but they haven't MMI'd me for my neck as of yet. I'm so confused.
      On a better note, I was offered a new job yesterday that doesn't require me to lift, push, pull...descent $, great benefits. Thank God, I didn't know what I was gonna do. Have a good day everyone


      • #4
        There are special funds called Subsequent Injury Trust funds. However, they are being rapidly phased out. Georgia's is closed to new claims and will be gone in the not too distant future.
        I find that the harder I work, the more luck I seem to have.
        Thomas Jefferson


        • #5
          we have a Second Injury Fund here in Missouri. don't know what you might have in your state but would be something to check on.


          • #6
            What options you might have post settlement depends entirely on how your settlement is worded or structured. This is not something I can answer for you as I don't know what your attorney plans to try and negotiate.

            Note that the term "settlement" is often used rather loosely but has a very specific meaning under the law. Talk to your lawyer about what he/she really means by the term and what options this leaves you.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


            The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.