Georgia Workers’ Comp Stipulation Agreements: What You Need To Know

At Workers’ Compensation Lawyers Atlanta, we focus exclusively on representing injured workers throughout Georgia. Our experienced attorneys are dedicated to ensuring you receive the medical care and financial support you are entitled to under Georgia law. Whether you’re dealing with a denied claim, need assistance filing, or require guidance through the appeals process, our team is here to help every step of the way.

A workers’ comp stipulation agreement is a key part of many Georgia workers compensation cases. It is a written settlement between an injured worker and the employer’s insurance company that can resolve issues related to lost wages, medical treatment, and future benefits. Understanding how these agreements work, what rights they affect, and when they make sense is critical for anyone injured on the job.

In this blog, you will learn how workers’ comp stipulation agreements work in Georgia, when they should be considered, and why working with an experienced Atlanta workers’ comp lawyer is essential to protect your rights and ensure you receive the full benefits you deserve.

Workers' Compensation

What is a Workers’ Comp Stipulation Agreement?

A workers’ comp stipulation agreement is a legal document used to settle part or all of a workers’ compensation claim. In Georgia, it must follow specific rules and receive approval from the State Board of Workers’ Compensation.

Definition and Purpose

A workers’ comp stipulation agreement is a written settlement between an injured worker and the employer’s insurance company. It outlines the benefits the worker will receive and confirms whether the employer accepts responsibility for the injury or illness. This agreement may include payments for lost wages, medical treatment, and future medical care.

Legal Basis in Georgia

In Georgia, stipulation agreements are governed by O.C.G.A. § 34-9-15. This law allows injured workers and insurance carriers to resolve workers compensation claims through a formal settlement. The agreement must be submitted to the State Board of Workers’ Compensation for approval before it becomes valid.

Types of Stipulation Agreements

There are two main types of workers’ comp stipulation agreements in Georgia:

  • Liability stipulation: The employer’s insurance company accepts the injury as work-related and agrees to pay workers compensation benefits.
  • No-liability stipulation: The insurance company does not admit responsibility but agrees to pay a settlement amount to close the claim.

Each type affects how benefits such as future medical treatment and other benefits are handled.

Why It Matters

Most workers compensation programs use stipulation agreements to resolve claims without ongoing legal proceedings. This can bring a faster resolution for both the injured worker and the insurance company. However, once signed, these agreements are binding. Many injured workers waive future medical care or other benefits without fully understanding the consequences.

Types of Workers’ Comp Stipulation Agreements

There are two main types of workers’ comp stipulation agreements used in Georgia workers compensation cases. Each type affects the injured worker’s rights, future medical treatment, and the insurance company’s responsibility.

Liability Stipulation Agreement

A liability stipulation agreement means the employer’s insurance company accepts responsibility for the work-related injury or illness. The injured worker receives agreed benefits, such as payment for lost wages and ongoing medical care. This type of agreement may also include future medical treatment or lifetime medical care if needed. The workers compensation insurance carrier is required to continue paying for medical care related to the injury.

No-Liability Stipulation Agreement

A no-liability stipulation agreement allows the insurance company to settle a claim without admitting fault. In this agreement, the employer and claims administrator agree to pay a set amount to close the claim. The injured worker often gives up rights to future workers compensation benefits, including medical treatment and other benefits. This type of agreement may limit the injured worker’s ability to reopen the case if their medical condition worsens.

Choosing the Right Agreement

The type of agreement used depends on the facts of the workers compensation claim, including the severity of the injury and whether the employer disputes liability. Many injured workers do not realize the long-term effect of a no-liability stipulation agreement. Before signing, it is important to consult a workers’ compensation attorney to understand what benefits may be lost.

Work Injury Claim Form

How the Process Works in Georgia

The process of creating and approving a workers’ comp stipulation agreement in Georgia follows a set order. Each step must meet legal standards to protect the rights of the injured worker.

Filing the Workers Compensation Claim

After a job-related injury or occupational disease, the injured worker must report the injury to the employer. A workers compensation claim is then filed. This starts the process of receiving benefits such as medical treatment and payment for lost wages. The employer’s insurance company or claims administrator reviews the claim and determines coverage under Georgia workers compensation programs.

Receiving Benefits and Medical Treatment

If the claim is accepted, the injured worker begins to receive benefits. This may include two-thirds of their average weekly wage and approved medical care. In many workers compensation cases, benefits are provided while the worker recovers. If the insurance company denies the claim, the worker may request a hearing before the State Board of Workers’ Compensation.

Negotiating the Stipulation Agreement

At some point, the insurance company and injured worker may agree to settle the claim through a workers’ comp stipulation agreement. This agreement sets out the amount of compensation and outlines rights to future medical care or other benefits. A workers compensation attorney often assists in reviewing the terms and negotiating fair compensation.

Submitting to the State Board

Once the stipulation agreement is signed by both parties, it must be filed with the Georgia State Board of Workers’ Compensation. The Board reviews the agreement to ensure it meets legal requirements. No workers compensation settlement is final until it is approved by the Board. This protects injured workers from unfair terms or incomplete information.

Final Approval and Payment

If the State Board approves the agreement, the settlement becomes legally binding. The insurance company must pay the agreed amount. Payments may be made in a lump sum or periodic payments, depending on the terms. Once the agreement is approved, the worker may no longer be eligible for future benefits unless those benefits are included in the stipulation.

When to Consider a Stipulation Agreement

A workers’ comp stipulation agreement may be a good option in certain situations during a Georgia workers compensation claim. The decision should be based on the injured worker’s medical condition, benefits received, and future needs.

Medical Condition Has Stabilized

A stipulation agreement may be considered when the injured worker reaches maximum medical improvement. This means the medical condition is not expected to improve further with treatment. At this point, the worker and the insurance company can evaluate permanent disability or permanent impairment and agree on compensation.

No Further Medical Treatment Needed

If no future medical care is expected, a stipulation agreement may help close the claim. This often applies when the injured worker has recovered from the workplace injury and returned to work. Settling the claim at this stage may include compensation for any remaining lost wages or medical expenses.

Disputes Over Coverage or Benefits

In some workers compensation cases, the employer’s insurance company may dispute liability. A no-liability stipulation agreement allows the injured worker to receive some payment without a formal finding of responsibility. This can avoid a hearing before the State Board of Workers’ Compensation and speed up the resolution.

Desire for a Final Settlement

Some injured workers prefer a final resolution to their workers compensation claim. A stipulation agreement can provide a lump sum payment or structured settlement. This gives the worker more control over finances but may limit access to future benefits like lifetime medical care.

Legal Review Is Essential

Before signing any agreement, the injured worker should speak with a workers’ compensation attorney. A lawyer can review the terms, explain the impact on future medical care and benefits, and help decide if the agreement is fair. Without legal advice, many injured workers risk losing important coverage or underestimating their claim’s value.

Workers' Compensation Concept

Consult With an Experienced Atlanta Workers’ Compensation Attorney ASAP!

If you are thinking about signing a workers’ comp stipulation agreement or have concerns about your workers compensation claim, our team at Workers’ Compensation Lawyers Atlanta is ready to help. We understand the impact a job-related injury can have on your life, and we are committed to making sure you receive the full medical treatment, lost wages, and other benefits you are entitled to under Georgia law.

Contact us at 470-518-5026 for a free claim review today!