Category: Settlements


What happens after my attorney and I resolve my workers’ comp case?

One of the benefits of being an Atlanta workers compensation attorney is maintaining a relationship with my clients. I often like to check in with clients a few weeks, months, or even years after they’ve resolved their case and, hopefully, moved on to new vocations or educational opportunities that their bodies will allow after their  … Read more

What will the taxes be on my workers’ comp benefits or settlement?

As a Atlanta workers comp lawyer, every year during the first few months of a new year, this question comes up from clients.  The simple answer is “none.”  However, per IRS Publication 525, if you’re on Social Security, and it has been reduced by the amount of workers’ compensation benefits you’re being paid, that amount is  … Read more

Will the workers’ compensation insurer send me a 1099 or W-2?

Every year about this time, I get questions similar to the above one about whether or not the workers’ compensation insurer will send a claimant tax forms accounting for the weekly TTD (temporary total disability) checks or settlement funds from the previous year.  I’m not a CPA or a tax attorney, but since workers’ comp  … Read more

What does your client expect from her workers’ comp settlement?

For the past few weeks, I’ve been negotiating back and forth with an insurance defense attorney at an Atlanta firm about my client’s potential workers’ compensation settlement.  An arthroscopic surgery has been prescribed.  My client wants to get the treatment; the insurer doesn’t want to pay for it, even though the claim is accepted. After  … Read more

Wal-Mart settles workers’ comp lawsuit with over 13K injured employees

Mega-retailer Wal-Mart has long been accused of unfair practices with regard to its workers, but recently some Wal-Mart employees in Colorado won a little bit of ground with regard to workers’ compensation claims. In 2009, some 13,500 employees of Wal-Mart Stores Inc. brought a class-action suit against the company and two other defendants, alleging that  … Read more

N.Y. court finds rape victim’s settlement subject to subrogation

Last week a New York appellate court ruled that a civil settlement received by a New York rape victim can be subrogated by the workers’ compensation insurer covering her injuries. Subrogation is the practice of substituting one party for another where a claim or right is concerned. As a result of this decision, the victim’s insurer can  … Read more

Proposed Changes to Medicare Set-Asides Affect Workers’ Compensation Settlements

The meeting of the 111th Congress was the one that saw Medicare Secondary Payer bill H.R. 2641 flop over and twitch.  The 110th saw that happen to H.R. 2549 also, and H.R. 5309 went the same way during the 109th. In case you don’t recall this particular bill in all its iterations, it addressed Medicare Set-Asides (“MSAs”) for  … Read more

Georgia woman wins workers’ compensation benefits on appeal

In a grim turn of events, a Georgia woman lost a foot as the result of a 2010 work-related accident. Initially, the administrative law judge (ALJ) over her case granted workers’ compensation benefits. Upon review, the State Board of Workers’ Compensation reversed the ALJ’s decision and took away the previously-granted benefits. Vanessa Stokes, a former head  … Read more

Will my Georgia workers’ compensation settlement stipulation be approved by the State Board of Workers’ Compensation?

Almost every time we submit settlement paperwork to the Georgia State Board of Workers’ Compensation, the stipulation is approved. Settlement paperwork is normally generated by the workers’ compensation defense attorney and is then sent to our office for signatures. Once we review the forms and make any necessary changes, we submit the papers back to  … Read more