Are you a person who has been hurt while working? Do you need workers’ compensation benefits in Austell? Workers’ compensation is an insurance program that provides benefits to employees who suffer injuries at work.
The system provides compensation for lost wages as well as medical expenses, disability benefits, and death benefits. However, insurance companies and employers are not always willing to give the compensation benefits the injured worker needs.
This is why you should seek a skilled Austell workers’ compensation attorney with the Workers’ Compensation Lawyers Coalition Atlanta to help you with the benefits claim.
Our lawyers have extensive experience with workers’ claims for compensation in Austell, Georgia. Our clients have received millions in compensation benefits. We will manage all legal obligations.
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How Much Will I Receive in Georgia Workers’ Compensation Benefits?
In Georgia, the worker’s compensation payment is usually 2/3 of the weekly average salary; however, it is contingent upon the actual salary and the date of the incident.
However, there are higher limits for worker’s compensation pay. For example, it is $675 the maximum weekly pay in the case of temporary total disability.
The maximum amount of $675 can be offered to injured workers whose weekly salary exceeds $675. The benefits aren’t subject to tax.
What Are the Types of Workers’ Compensation Benefits in Austell?
There are four types of disability-related benefits that could be awarded in Georgia under the worker’s compensation system. The type of benefit that is granted is determined by the degree of the disability as well as the length of time that it is anticipated to last.
Temporary Total Disability Benefits in Georgia Workers’ Comp
In accordance with GA Code 34-9-261, an injured employee is qualified for temporary total disability benefits when the doctor determines that the employee is ineligible to work or they put the employee on light duty work and the light-duty work isn’t possible.
There is a waiting time of 7 days for the benefits to begin. If an injured employee is off work for seven days the employee is legally eligible for the benefits of temporary total disability. Employees who are out of work for more than 21 days may be eligible for temporary total disability benefits.
These benefits are calculated using the average weekly wage. The benefits are calculated as two-thirds of the weekly average wage. A worker who is injured after July 1, 2019, has to be paid the sum of $675.
These workers’ benefits for compensation in Austell can continue to be paid for up to 400 weeks from the date of the injury. The benefits could be reduced if an authorized doctor issues a light-duty work permit to an injured worker.
Temporary Partial Disability Benefits in Georgia Workers’ Comp
The benefits are listed in GA Code 34-9-262. These benefits are available to injured workers who aren’t totally disabled. In these cases, they can be granted partial disability status and permitted to perform light-duty work.
In short, it’s possible to go back to work but you’re earning less as compared to the money you earned prior to the accident. These benefits are designed to cover a part of the wage difference due to injuries suffered while working.
The benefits are calculated at the rate of two-thirds of your typical weekly salary. There is a maximum of $450 weekly and you can get these benefits for no more than 350 weeks from the date of the accident.
These benefits are typically paid until your doctor determines that you are fit to resume your regular activities.
Here is an example to aid you in understanding. Imagine that you made $500 per week prior to the injury and following your injury, you are making $300 per week.
The difference between these 2 numbers comes to $200 and two-thirds of that amount is $133.33. This is the highest amount that you can receive under the temporary partial disability benefit.
Permanent Partial Disability Benefits in Georgia Workers’ Comp
The benefits are determined by GA Code 34-9-263. A worker injured becomes eligible for PPD benefits after their doctor determines that they have reached their maximum medical improvement or MMI.
Maximum medical improvement occurs in the case when your injury or condition does not have the potential to improve.
A person who is injured and receives PPD benefits is not qualified for TPD or TTD benefits. The calculations are made using two-thirds of the weekly average salary and the maximum amount a worker can receive per week is set at $675.
This is the most well-known kind of workers’ compensation claim. These benefits can also be received as a lump sum, instead of weekly.
The calculation is based on an authorized physician’s impairment score. This is multiplied by how many weeks are permitted for damaged body parts. For instance, the maximum number of weeks allowed for PPD benefits for the thumb is 60 whereas the maximum allowed is 225 weeks for the arm.
Permanent Total Disability Benefits in Georgia Workers’ Comp
There is no such classification in Georgia. Workers can still be qualified for workers’ compensation in Austell if they have an eligible catastrophic injury.
If a worker loses all of their legs, hands, feet, or any combination of these body parts, they are likely to qualify for total disability benefits for life.
Losing vision permanently for both eyes is an acceptable legal requirement for this kind of compensation.
As far as the calculation is concerned, it will be exactly the same as the calculations for temporary total disability but the main difference is that the benefits will be paid over a lifetime and won’t expire after 400 weeks.
How Are Workers’ Compensation Benefits in Austell Calculated?
There are three methods to determine the average weekly salary in Georgia.
Actual Earnings for 13 Weeks
The best method to calculate the weekly average wage of an injured worker is to take the average wage for the previous 13 weeks. For example, if an injured worker made $26,000 in the 13-week period before his accident, their average weekly income would be $1000.
Earnings of Similar Employees
If the employee hasn’t been working for a significant amount of time during the preceding 13 weeks prior to the accident, wages from another employee may be used in calculating the average weekly salary.
The Contracted Rate of Hire
If the above two methods can’t be used to calculate the average weekly earnings for an injured worker, this method is a good one to make the determination.
This method is based on the hourly wages of an employee and then multiplies it by the amount of time they must work. For example, if an injured worker earned an hourly wage of $25 and were hired to work for 40 hours per week, their weekly salary would be $1000.
The calculation of the average weekly wage is vital since the worker’s compensation benefit calculation is based on this figure.
Are Workers’ Compensation Benefits in Austell Taxed?
Georgia laws as well as IRS codes do not take into account worker’s compensation benefits income. However, the settlement amount might need to be reported in certain circumstances.
Get in Touch With Us to Get the Workers’ Comp Benefits You Are Owed
The laws regarding worker’s compensation are complex, which is why you should have an experienced attorney from the Workers’ Compensation Lawyers Coalition Atlanta by your side to defend your rights and to help you obtain the benefits that you’re entitled to.
Our team has years of expertise in helping injured workers in Austell to get maximum benefits from workers’ compensation for their injuries.
Call us at 770-796-0919 for a no-cost consultation or to find out more about our Austell’s workers’ comp attorneys.