There are a few additional considerations after a work injury in Atlanta, like those below.
#1. Liability Waivers
As part of general settlement agreements, employers/insurers often require an employee to sign documents that release the employer/insurer from liability in other potential claims that the employee may have against the employer/insurer.
In some cases, these agreements are signed in conjunction with the workers’ compensation claim settlement. However, it’s important to understand that these waivers are separate and distinct from the claim settlement. In fact, according to Board Rule 15, the State Board of Workers’ Compensation will not approve a stipulation that contains waivers on issues over which the Board has no jurisdiction. Before signing any documentation, you should have your attorney review it. You don’t want to forgo your rights inadvertently.
#2. Medicare Set-Aside Accounts
Medicare Set-Aside (MSA) accounts usually are required if the worker is a Medicare beneficiary or is likely to become Medicare eligible in the foreseeable future. In these instances, MSAs are usually required as part of a settlement that stipulates that the employer/insurer will not pay for future medical treatment.
An MSA is a financial agreement that allocates a portion of settlement funds to pay for future medical services related to the workers’ compensation injury. If an MSA is created as part of a settlement, the funds in the MSA must be depleted before Medicare will pay for treatment related to the workers’ compensation injury.
#3. Resignation Requirements
For some workers’ compensation cases, employers/insurers might require an employee to sign a resignation as part of a general settlement agreement. This is partly because the insurer fears that after settlement, the employee will return to work only to suffer a new injury for which the company will be held liable. So by asking for a resignation, the insurance company seeks to limit its future liability in relation to the particular employee.
In some instances, an insurer may be willing to settle a case without asking for a resignation, although this usually only happens when the insurer no longer provides coverage to the employer.
TIP: Voluntarily signing a resignation likely will disqualify you for unemployment income benefits. Weigh your options carefully with your lawyer.
#4. Vested Benefits
Many workers are concerned that that they will lose their vested pensions if/when they file workers’ compensation claims. As a general rule, your vested benefits will not be affected – even if you signed a resignation form. For questions and concerns specific to your case, consult a local workers’ comp attorney.
Attorneys in Atlanta Who Care about Injured Workers’ Best Interests
If you have been seriously injured on the job, we invite you to call Bader Law Firm, LLC in Atlanta for assistance. We can help you pursue the maximum benefits possible and protect your rights throughout the process. For a free consultation with one of our lawyers, contact us at 404-888-8888.