If my employer is refusing to settle what is the next step

In Georgia settlement of a work comp case is voluntary and requires the consent of you and the employer/insurer. If one does not want to settle, it doesn't settle. The employer/insurer are on the same side of the case. Some insurance companies will settle without the consent of the employer. Some require the employer to consent. It depends on how the contract reads. In my 21 years of Georgia work comp experience I nearly always talk with the insurance company and not the employer about settlement. If the case does not settle, we turn up the heat and continue to apply pressure. It's like a balloon, keep applying pressure from multiple sides and it will pop. Nearly all cases eventually settle eventually. Those that are managed well simply settle for a lot closer to their full value. As for your question about going back to work be careful. There are rigid guidelines the employer must follow to get you back to work and you don't want them avoiding the protection afforded you under the law. One common trick they use is to lull you back to work full duty then fire you. This happens a lot. Then you leave with no money. Better to develop your case well. That way if you have to leave, at least you will leave with mony. You are in a delicate spot now and have done yourself a huge favor looking for guidance. I suggest you find yourself a trusted legal adviser to discuss your details in more detail. I do have a guide to help injured workers find the best lawyer for their case. You may want to have a look at it. Good luck with your search my friend. Russell Keener

Mr. Keener is correct, there is no requirement that they settle with you at all. If you go back to work and need no more medical treatment, they may feel that the case is over and there is nothing to settle. However, you may have a permanent impairment for which you are entitled to compensation, or may even have lingering medical effects requiring future treatment. In my experience, the only time the insurance company will initiate settlement talks is if they are looking at paying you and uncertain sum over a long period of time, or a potentially high amount of future medical expenses. Otherwise, the ball is in your court and you will need an experienced comp attorney to go over your case and tell you your options.

If the doctor has released you back to work but you still have some restrictions then the insurance company is obligated to keep paying you weekly benefits unless your employer provides you a light duty job within those restrictions. I agree you need to talk to an experienced workers' comp attorney to discuss all your options and make sure you are receiving all the benefits you are owed including a potential permanent partial disability rating and ongoing medical care.