Have you been injured on the job and need to claim workers’ compensation benefits in Atlanta? Workers’ compensation is a no-fault insurance plan to provide benefits to employees who get injured on the job.
The system provides benefits for lost wages, medical expenses, disability benefits, and death benefits. However, insurance companies are not always willing to pay the workers’ comp benefits employees deserve.
You need an experienced Atlanta workers comp lawyer to help with your benefits claim. Our team of lawyers has extensive experience in handling cases for workers’ compensation benefits in Atlanta, Georgia. We have won millions of dollars for our clients. We will take care of all of your legal responsibilities.
How Much Do Georgia Workers’ Comp Benefits Pay?
In Georgia, the worker’s compensation pay is typically two-thirds of the average weekly salary, although a lot depends on the actual salary and the time of the accident.
However, there are upper limits on the worker’s compensation benefits. For instance, $800 is the maximum weekly payment for an accident that happened on or after July 1, 2023.
If two-thirds of an injured worker’s salary comes out to be more than $800 per week, they will still get a maximum of $800 only. However, these benefits are not taxed.
What Are the Types of Workers’ Compensation Benefits in Atlanta?
In Georgia, there are 4 types of disability benefits paid under the worker’s compensation insurance. As far as the type of benefit awarded is concerned, it depends on the extent of disability and how long it is expected to last.
Temporary Total Disability Benefits
According to Georgia Code 34-9-261, an injured employee becomes eligible for temporary total disability benefits when the doctor determines that the employee cannot work or suitable light-duty work isn’t available.
There is a waiting period of 7 days for the benefits to kick in. If the injured employee is out of work for 7 days, they are legally entitled to temporary total disability benefits. If the employee remains out of work for 21 days, they are also eligible to get paid for the waiting period. The benefits are calculated as two-thirds of the average weekly wage.
These workers’ compensation benefits in Atlanta can continue to be paid for a maximum of 400 weeks from the date of injury. If an authorized doctor gives a light-duty work release to an injured worker, these benefits might be limited to 52 consecutive weeks.
Temporary Partial Disability Benefits
Workers who can perform light-duty work but earn less money are eligible for temporary partial disability (TPD) benefits. These benefits are designed to cover part of the difference in your wages before and after an injury suffered while working.
Temporary partial disability benefits are calculated at the rate of two-thirds of the difference between your average weekly wage and your earnings after the accident. TPD benefits can continue up to 350 weeks from the accident date. These benefits are typically paid until your doctor says you can return to normal duty work.
Here is an example to help you understand better. Let’s say you were making $500 per week before the injury. After the injury, you are making $300 per week.
The difference between these 2 numbers comes to $200, and two-thirds of this amount is $133.33. This is the maximum amount you can get under temporary partial disability benefits.
Permanent Partial Disability Benefits
These benefits are determined by Georgia Code 34-9-263. An injured worker becomes eligible for PPD benefits once their doctor determines that they have reached maximum medical improvement or MMI.
Maximum medical improvement means that your medical condition or injury is not likely to improve further. When an injured worker receives PPD benefits, they are not eligible to receive TPD or TTD benefits. Workers can choose to receive PPD benefits as a lump sum.
PPD benefits are calculated using an impairment rating given by an authorized doctor. The impairment rating is multiplied by the number of weeks allowed for the injured body part. For instance, the maximum number of weeks allowed for PPD benefits for a thumb is 60, while 225 weeks are allowed for an arm.
Permanent Total Disability Benefits
There is no such category in Georgia. However, workers are eligible to get workers’ compensation benefits in Atlanta for total disability on a permanent basis for a qualifying catastrophic injury.
If a worker loses both of their legs, feet, hands, arms, or a combination of two of these body parts, they are likely to qualify for permanent total disability benefits.
Losing vision permanently in both eyes is also a legal basis for qualifying for this type of compensation.
As far as the calculation is concerned, it would be the same as the calculation done for temporary total disability, but the only difference will be that these benefits will be paid for a lifetime and won’t expire after 400 weeks.
Death Benefits
In Georgia, workers’ compensation death benefits are financial payments made to the dependents of a worker who dies as a result of a job-related injury or illness. These benefits are designed to help support the worker’s family when they lose their loved one and their source of income.
The amount paid is typically two-thirds of the worker’s average weekly wage. In addition to weekly payments, Georgia law provides coverage for funeral expenses up to a set limit.
Families need to know that these benefits do not last forever. For a surviving spouse with no children, benefits may end after a certain time or if they remarry. Children can receive benefits until they turn 18, or up to age 22 if they are full-time students. If a child is physically or mentally unable to work, they may receive benefits longer.
How Are Workers’ Compensation Benefits in Atlanta Calculated?
There are 3 methods to determine the average weekly wage in Georgia.
Method 1: Actual Earnings for 13 Weeks
The preferred method for calculating the average weekly wage of an injured worker is by calculating the worker’s average salary in the 13 weeks before the accident. For instance, if an injured worker earned $26,000 in the 13 weeks before the accident, the average weekly wage would be $2000.
Method 2: Similar Employee’s Earnings
If the worker hasn’t worked substantially the whole of the past 13 weeks before the accident, the wages of another employee engaged in the same employment can be used for calculating the average weekly wage.
Method 3: Contracted Rate of Hire
If the above two methods cannot be used to determine the average weekly wage of an injured worker, this method can be used to make the determination. In this method, the hourly contracted wage fire of the employee is taken and multiplied by the number of hours they are contracted to work.
For instance, if the injured worker used to make $25 per hour and they were contracted to work 40 hours per week, their average weekly wage would come to $1000.
The calculation of the average weekly wage is extremely important as the worker’s compensation benefits calculation is based on this number.
FAQs About Georgia Workers’ Compensation Benefits
How soon can I receive workers’ compensation benefits?
If you are injured on the job in Georgia and unable to work, you can start receiving workers’ compensation income benefits after missing seven (7) days of work. These first seven days are a waiting period. However, if your injury keeps you out of work for more than 21 consecutive days, you can be paid for those first seven days. Medical benefits for authorized treatment typically begin when your claim is accepted and care is arranged.
How long do workers’ compensation benefits last in Georgia?
The length of time you can receive workers’ compensation benefits in Georgia depends on the severity of your injury. If you are temporarily unable to work (Temporary Total Disability), you can receive income benefits for up to 400 weeks. If you can return to work but earn less because of your injury (Temporary Partial Disability), benefits may last up to 350 weeks. In cases of catastrophic injuries (like severe brain or spinal injuries), benefits may continue for a lifetime.
Medical benefits typically last up to 400 weeks. However, medical care may be covered for life if the injury is catastrophic.
What is the maximum limit for workers’ compensation benefits?
For accidents on or after July 1, 2023, the maximum limit for Temporary Total Disability is $800 per week. It’s important to check with the Georgia State Board of Workers’ Compensation or an attorney for the most current rates.
Are Workers’ Compensation Benefits in Atlanta Taxed?
Worker’s compensation benefits are not considered income under Georgia law or IRS codes. Thus, workers’ comp benefits are not generally taxed. However, the settlement amount might need to be reported in certain circumstances.
Call Our Atlanta Workers’ Compensation Lawyers Today
The worker’s compensation laws are complex. This is why you need an experienced attorney from the Workers’ Compensation Lawyers Coalition Atlanta by your side to protect your rights and to help you get the benefits you deserve.
We have extensive experience in helping injured workers recover maximum workers’ compensation benefits in Atlanta for their injuries.
Give us a call at 470-518-5026 or contact us online to schedule your free consultation.
