Are you a worker who has been hurt at work? Do you require workers’ compensation benefits in East Point? Workers’ compensation is an insurance policy that provides benefits to employees who sustain injuries while working.
The system offers benefits for wages lost in addition to medical expenses, disability benefits, and death benefits. Employers and insurance companies may not always give the benefits that an injured worker needs.
You require an East Point workers’ compensation attorney from the Workers’ Compensation Lawyers Coalition Atlanta to assist you with your benefits claim.
Our legal team has years of experience in managing cases related to workers’ compensation in East Point, Georgia. We have secured millions of dollars in compensation benefits to our clients. We’ll take care of all your legal obligations.
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Is There a Limit on Georgia Workers’ Compensation Benefits?
Worker’s compensation in Georgia is typically two-thirds the average weekly salary, but this varies depending on the specific salary and the date of an accident.
However, there are higher limits for worker’s compensation pay. The maximum weekly payment for temporary and total disability is $675.
If two-thirds of an injured worker’s earnings turn at or exceed $675 per week, they’ll receive a maximum of $675. But, these benefits are not taxed.
What Are the Types of Workers’ Compensation Benefits in East Point?
In Georgia, there are 4 kinds of disability benefits that are paid under the insurance for workers’ compensation. The type of benefit is awarded depends on the severity of the disability as well as the length of time it is anticipated to last.
Temporary Total Disability Benefits in Georgia Workers’ Compensation
GA Code 34-9-261 stipulates that injured employees may be qualified for temporary total disability benefits if the doctor determines that the employee is ineligible to work or they place the employee in light-duty work.
There is a waiting time of seven days before benefits begin. If an injured employee is out of work for seven days the employee is legally entitled to the benefits of temporary total disability. Employees who are off work for more than 21 days could be qualified for temporary total disability benefits.
The benefits are calculated by calculating the average weekly wage. An average of two-thirds of the weekly salary is utilized to determine the benefits. The maximum amount is $675 per worker injured on or after the 1st of July January, 2019.
Workers’ compensation benefits may be continued in East Point for up to 400 weeks following the injury. If a doctor who is authorized to do so provides a release for light duty to an injured worker these benefits might be limited to 52 consecutive weeks.
Temporary Partial Disability in Georgia Workers’ Compensation
These benefits are described in GA Code 34-9-262. These benefits are available for injured workers who aren’t totally disabled. In these situations, they can be granted partial disability status, and are allowed to work in a light-duty capacity.
In other words, you’re able to get back to work, however, you’re earning less when compared to the amount you were making before the accident. These benefits are intended to cover a part of the wage difference caused by an injury suffered during work.
The benefits are calculated as two-thirds of your weekly average pay. There is an upper limit of $450 per week, and you will be eligible for these benefits for not more than 350 weeks after the date of the accident.
The benefits typically are granted only until the time it is determined by your doctor that you will be able to return to work as normal.
This is an example to help you to understand the concept better. Let’s say you were making $500 per week before the injury, and now, following your injury, you’re earning $300 per week.
The difference between the two figures is $200. two-thirds of this amount is $133.33. This is the maximum amount you can get in temporary disability benefits.
Permanent Partial Disability Benefits in Georgia Workers’ Compensation
GA Code 34-9-263 determines these benefits. A worker injured in an accident is eligible for PPD benefits if their physician declares that they have attained the maximum medical improvement (or MMI) and has concluded that they are eligible.
Maximum medical improvement is when your injury or medical condition will not improve any further.
When injured workers receive PPD benefits, they aren’t qualified to receive TPD or TTD benefits. These calculations are based on two-thirds of the weekly average salary. The maximum amount per week a worker can receive is $675.
This is the most popular form of workers’ compensation claim. The workers also can get these benefits in one lump sum rather than weekly benefits.
The formula is based on a physician’s impairment score. The rating is multiplied by how many weeks are permitted for damaged body parts. For example, the maximum number of weeks allowed for PPD benefits to the thumb is 60, whereas it is allowed 225 weeks for the arm.
Permanent Total Disability Benefits in Georgia Workers’ Compensation
There isn’t a specific classification in Georgia. Workers are still eligible for workers’ compensation benefits in East Point if they have an eligible catastrophic injury.
A worker who loses one or more of their legs, feet, and hands could be qualified for benefits of total disability.
Legally, you may be eligible for this kind of compensation if your vision is permanently impaired in one or both of your eyes.
For the calculations are concerned, it will be the same as the calculations for temporary total disability but the only difference will be that these benefits will be paid over a lifetime and won’t expire after 400 weeks.
How Are Workers’ Compensation Benefits Calculated in East Point?
There are 3 methods to determine the average weekly salary in Georgia:
Actual Earnings for 13 Weeks
The best way to calculate the average weekly wage for injured workers is to take the average of the preceding 13 weeks. For instance, if an injured worker made $26,000 over the 13 weeks before the accident, their average weekly wage would be $2000.
Similar Employee’s Earnings
If in case the worker hasn’t worked for a significant portion of the past 13 weeks before the accident, the earnings of a different employee working in the same position could be used in calculating the weekly average wage.
Contracted Rate of Employment
This method is used to determine the average weekly wage of injured workers when other methods do not work. This method is where the hourly wage contract fire of an employee is calculated and multiplied by the number of hours that they are contractually bound to work.
If a worker injured was paid a wage of $25 per hour and had to work 40 hours per week the average weekly wage would be $1000.
It is vital to calculate the weekly average wage because this will be the basis for workers’ benefits calculations.
Are Workers’ Compensation Benefits in East Point Taxed?
Georgia laws and IRS codes do not consider worker’s compensation benefits income. In certain cases, however, it may be necessary to declare the settlement amount.
Contact Us Today to Get the Workers’ Compensation Benefits You Deserve
The laws governing worker’s compensation are complicated and that’s why you should have an experienced lawyer from the Workers’ Compensation Lawyers Coalition Atlanta on your side to protect your rights and ensure you get the benefits you are entitled to.
We have extensive experience in helping injured workers to receive the maximum benefits from workers’ compensation in East Point for their injuries.
Call us at 770-796-0919 for an initial consultation for no cost and to find out more information about East Point’s workers’ compensation attorneys.