In Georgia, the workers’ compensation system is designed to provide financial support to employees who suffer work-related injuries or illnesses. Workers’ compensation is a no-fault system, meaning injured employees are entitled to receive benefits regardless of who caused the accident, as long as it occurred in the course of their employment.
A clear understanding of how much workers’ compensation pays in Georgia is essential for workers who are trying to estimate the benefits they are entitled to during their recovery. If you have suffered injuries in a workplace accident, a proven workers’ compensation lawyer Georgia can help you recover the compensation you deserve.
Types of Workers’ Compensation Benefits in Georgia
Georgia’s workers’ compensation system provides different types of benefits depending on the nature of the injury, the worker’s ability to return to work, and the medical treatment required. The main categories of Georgia workers’ comp benefits include:
- Medical Benefits
- Temporary Total Disability Benefits (TTD)
- Temporary Partial Disability Benefits (TPD)
- Permanent Partial Disability Benefits (PPD)
- Catastrophic Injury Benefits
- Death Benefits
Each type of benefit serves a different purpose, and the amount paid will vary based on the injured worker’s circumstances and the extent of the injury.
Medical Benefits
Workers’ compensation payout in Georgia covers all necessary and reasonable medical expenses related to a work injury. This includes:
- Doctor visits
- Hospitalization
- Surgeries
- Prescription medications
- Physical therapy
- Diagnostic tests (e.g., x-rays, MRIs)
- Mileage to and from medical appointments
- Prosthetics and other necessary medical equipment
Medical benefits are provided without any deductible or co-pay, and there is no monetary limit on the amount of medical care that workers can receive as long as it is related to the work injury.
Authorized Treating Physician
One important point to note is that medical care must be provided by an authorized treating physician. Under Georgia law, employers are required to provide employees with a list of at least six approved doctors (known as the “panel of physicians”).
Employees must choose their doctor from this list unless the employer offers a Workers’ Compensation Managed Care Organization (WC/MCO), which allows the employer to direct the employee to a specific healthcare network.
Temporary Total Disability (TTD) Benefits
Temporary Total Disability weekly income benefits are available to workers who are unable to return to work at all because of their injury. If your treating physician determines that you are completely unable to work, you are entitled to TTD benefits.
How Are TTD Benefits Calculated?
In Georgia, TTD benefits as part of workers’ compensation pay are calculated based on two-thirds of the injured worker’s average weekly wage (AWW). The AWW is determined by averaging the worker’s gross wages (before taxes) over the 13 weeks prior to the injury.
For example, if a worker earned $750 per week on average before their injury, their weekly TTD benefit would be two-thirds of $750, which is $500. This means the worker would receive $500 per week in TTD benefits.
Maximum and Minimum Benefit Limits
There are statutory limits on how much an injured worker can receive in TTD benefits. Effective July 1, 2023, the maximum weekly benefit amount is $800 per week, regardless of the worker’s AWW. Even if an employee earned a higher wage before their injury, the maximum they can receive in TTD benefits is $800 per week.
The minimum benefit is $50 per week, except for part-time workers who earned less than $50 per week prior to the injury. If the worker’s pre-injury wages were lower than $50, they will receive an amount equal to their AWW.
How Long Do TTD Benefits Last?
TTD benefits can be paid for up to 400 weeks (approximately 7.7 years) from the date of injury in non-catastrophic cases. However, in cases involving catastrophic injuries (such as amputations, spinal cord injuries, or severe brain injuries), TTD benefits may be paid for a lifetime.
Temporary Partial Disability (TPD) Benefits
Temporary Partial Disability (TPD) benefits are provided to workers who can return to work, but at a lower-paying job or with reduced hours due to their injury. TPD benefits are designed to compensate workers for the wage loss they experience while they recover.
How Are TPD Benefits Calculated?
TPD benefits are calculated as two-thirds of the difference between the worker’s pre-injury AWW and their current earnings. For example, if a worker’s pre-injury AWW was $900, but they are now earning $600 due to their injury-related limitations, the TPD benefit would be $200.
Maximum Benefit and Duration of TPD Benefits
Effective July 1, 2023, the maximum TPD benefit is $533 per week. These benefits are payable for a maximum of 350 weeks from the date of injury.
Permanent Partial Disability (PPD) Benefits
If a worker sustains a permanent impairment due to a workplace injury, they may be entitled to Permanent Partial Disability (PPD) benefits. These benefits are paid once the injured worker reaches Maximum Medical Improvement (MMI), which is the point at which the worker’s condition has stabilized and further medical treatment is unlikely to improve their injury.
PPD work comp payment Georgia is calculated based on the worker’s impairment rating, which is assigned by the authorized treating physician. The physician will use guidelines provided by the American Medical Association (AMA) to assess the extent of the worker’s permanent disability.
How Are PPD Benefits Calculated?
PPD benefits are calculated similarly to TTD benefits: two-thirds of the worker’s AWW, subject to the same maximum benefit limits. The duration of PPD benefits depends on the impairment rating and the affected body part. Georgia law assigns a specific number of weeks for different types of injuries (e.g., loss of a hand, foot, eye, etc.).
For example, if a worker has a 25% impairment rating for the loss of use of a hand, and Georgia law assigns a total of 160 weeks of benefits for that injury, the worker would receive 25% of 160 weeks of PPD benefits.
Catastrophic Injury Benefits
If a worker suffers a catastrophic injury, they are entitled to receive lifetime benefits. Catastrophic injuries include:
- Severe burns
- Amputations
- Paralysis or spinal cord injuries
- Traumatic brain injuries
- Blindness
- Injuries resulting in a permanent inability to perform work
In catastrophic cases, TTD benefits continue indefinitely, and the worker may also receive lifetime medical care.
Death Benefits
If a worker dies as a result of a work-related injury or illness, their dependents may be entitled to death benefits. The workers’ compensation system provides death benefits to the worker’s surviving spouse, children, and other dependents. The benefits include:
- Funeral Expenses: Up to $7,500 for burial costs
- Income Benefits: Two-thirds of the deceased worker’s AWW (up to the maximum of $800 per week) to be paid to the surviving dependents
Death benefits are payable to the spouse and children for as long as they remain dependent. Effective July 1, 2023, the maximum death benefit payable to a surviving spouse with no other dependents is $320,000. If the surviving spouse remarries, the death benefits may be reduced or terminated.
Steps Our Georgia Workers’ Compensation Lawyers \Take to Pursue Maximum Compensation
Filing a workers’ compensation claim in Georgia requires precise attention to detail, knowledge of the law, and careful documentation. An experienced personal injury lawyer Georgia at the Law Offices of Jorge Luis Flores, LLC can help injured workers receive the maximum compensation they are entitled to.
Initial Consultation and Case Evaluation
Our attorneys will begin with a free initial consultation to discuss the specifics of your workplace injury. We will listen to your story, gather details about your accident, and assess your eligibility for workers’ compensation benefits. During this consultation, we will also help you understand your rights and provide guidance on the next steps.
Ensure Proper and Timely Filing of Your Workers’ Comp Claim
One important aspect of a workers’ compensation claim is timely notification and filing. In Georgia, you are required to notify your employer of your injury within 30 days of the accident, and failure to do so could jeopardize your claim.
Our attorneys will make sure you meet all deadlines for reporting your injury and filing the necessary paperwork with the Georgia State Board of Workers’ Compensation. We will help you submit Form WC-14 (the notice of claim) and any other required forms promptly and correctly.
Gather and Organize Documentation to Strengthen Your Claim
Our legal team will take steps to collect, organize, and present key evidence and documentation such as:
- Medical Records and Reports: We will work closely with your healthcare providers to ensure that all necessary medical records, diagnostic tests, and doctors’ reports are obtained and submitted as evidence of your injury and required treatment.
- Accident Reports: If an accident report was filed at work, we will ensure that it’s included in your claim and accurately reflects the details of the incident.
- Witness Statements: If coworkers or others witnessed your accident, we will gather their statements to support your claim.
- Surveillance Footage: If the accident was captured on workplace surveillance cameras, we will seek to obtain this footage to use as evidence of the circumstances leading to your injury.
Work with Medical Professionals to Support Your Claim
Your medical treatment plays a significant role in your workers’ compensation claim. Our attorneys will help ensure that you are receiving care from an authorized treating physician as required under Georgia law.
We will also ensure that your healthcare provider fully documents the severity of your injuries, any work restrictions, and your progress toward recovery. This medical documentation will be crucial in determining your eligibility for wage replacement benefits such as Temporary Total Disability (TTD) or Temporary Partial Disability (TPD).
File for the Appropriate Workers’ Compensation Benefits
Depending on the extent of your injuries and how they affect your ability to work, you may be entitled to various types of workers’ compensation benefits, including:
- Medical Benefits: To cover all necessary and reasonable medical expenses related to your injury.
- Wage Replacement Benefits (TTD or TPD): If your injury prevents you from working or reduces your earning capacity, we will help you file for temporary disability benefits to replace a portion of your lost wages.
- Permanent Partial Disability (PPD) Benefits: If your injury results in permanent impairment, we will seek to secure PPD benefits to compensate for your lasting disability.
- Catastrophic Injury Benefits: In cases involving severe, life-altering injuries, we will help you pursue lifetime benefits for catastrophic injuries.
Issue a Demand Letter and Handle All Negotiations
Once your claim has been filed and the evidence has been collected, we will send a demand letter to your employer’s workers’ compensation insurance company outlining the details of your injury, medical treatment, and the compensation you are seeking. Our lawyers will handle all negotiations with the insurance company to ensure that you receive the maximum benefits allowed under Georgia law. We are well-versed in the tactics that insurers may use to delay or deny claims, and we will counter those tactics with solid evidence and legal arguments.
How Our Georgia Workers’ Compensation Attorneys Help You if Your Claim Is Denied or Minimized
It’s not uncommon for workers’ compensation claims to be denied or minimized. Insurance companies often attempt to reduce their financial liability by disputing claims, minimizing the extent of injuries, or alleging that the injury was not work-related. At The Law Offices of Jorge Luis Flores, LLC, our experienced Georgia workers’ compensation attorneys are dedicated to helping you fight back against unjust denials or reduced benefits.
Investigate the Reasons for Denial
We will thoroughly investigate why your claim was denied or minimized. Common reasons include insufficient medical evidence, missed filing deadlines, or disputes over whether your injury was work-related. Our attorneys will work to identify and address the issues that led to your claim’s denial.
File an Appeal
If your claim is denied, we will promptly file an appeal with the Georgia State Board of Workers’ Compensation. This involves completing the necessary paperwork, gathering additional evidence, and preparing a strong legal argument to overturn the denial. We will ensure all procedural deadlines are met.
Gather Strong Medical and Legal Evidence
To support your case, our legal team will collect additional medical evidence, including doctor’s reports, diagnostic tests, and expert opinions. We may also gather witness statements, accident reports, and surveillance footage to strengthen your claim.
Represent You in Hearings
We will represent you in hearings before the Georgia State Board of Workers’ Compensation, where we will argue your case and present evidence on your behalf. Our attorneys are skilled litigators who will advocate for your right to fair compensation.
Negotiate a Fair Settlement
If your benefits are minimized, we will engage in evidence-based negotiations with the insurance company to secure the full compensation you deserve, including medical benefits and wage replacement.
Choose Our Georgia Workers’ Compensation Attorneys to Maximize Your Compensation
If you have been injured at work, it is time to get strong legal representation to protect your rights. At the Law Offices of Jorge Luis Flores, LLC, we have been dedicated advocates for injured workers and accident victims since 2002, successfully representing thousands of clients and recovering millions of dollars on their behalf.
Our experienced team will fight for the highest possible compensation you are entitled to. To schedule your free consultation, call us 24/7 at (770) 405-1339 or contact us online.