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What to Expect Payment After Settling Workers’ Comp Claim

• Oct 18th, 2013

After mediating or otherwise settling a workers’ compensation claim in Georgia you will probably be wondering when to expect your check. The Georgia State Board of Workers’ Compensation uses a paperless filing system. The ICMS system (Integrated Claims Management System) allows workers’ compensation claims in Georgia to be approved quite quickly. Here is a breakdown of the process of settling a workers’ comp claim in Georgia and getting paid:

 

  1. Both parties reach an agreement. Typically this is a dollar figure, it can also include medical care or other provisions that either side wishes to include.

  2. The defense attorney sends a copy of the agreement to the employer

  3. The claimant and their attorney (if they are represented) gets a copy of the agreement. They will be required to sign their name in several places.

  4. The agreement is sent back to the defense attorney for signatures.

  5. The agreement is sent electronically to the State Board of Workers’ Compensation in Atlanta via ICMS.

  6. The State Board approves the agreement.  This usually takes about a day or two.

  7. The employer and/or insurance company has 20 days to issue payment.

  8. If the employer/insurance company fails to pay within 20 days of the Georgia State Board’s approval, a penalty of 20% may be added (per O.C.G.A. 34-9-15).

A worker’s compensation case in Georgia involves a hearing that is held in front of an Administrative Law Judge with no jury. It is a fast track proceeding. You should expect the outcome from 30 – 90 days from when you make your request. With a computer based paperless system, exact precision with filings is required in order for the documents to be processed correctly and efficiently. The State Board has a form for obtaining evidence in possession of the opposing party even before a hearing is requested.

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