Are you suffering from injuries while working and are needing to claim workers’ compensation benefits in Lithonia? The workers’ compensation is a no-fault insurance plan to provide benefits to workers who are injured while working.
The system offers benefits for lost wages as well as medical expenses, disability benefits and death benefits. Employers and insurance companies may not always be willing to provide the benefits that an injured worker demands. This is the reason you require an experienced Lithonia Workers Compensation attorney from the Workers Compensation Lawyers Coalition Atlanta to assist you with the benefits claim.
Our lawyers have extensive experience in handling workers’ compensation cases in Lithonia, Georgia. We have won millions of dollars in compensation for our clients. We will take care of all your legal obligations.
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What Are the Types of Workers’ Compensation Benefits in Lithonia?
Georgia’s workers’ compensation is usually about two-thirds of the average weekly wage; however, this is contingent on the exact salary and the time of an accident. There are also upper limits for workers’ compensation payment. The maximum weekly amount for temporary and total disability is $675. If the two-thirds of the salary of an injured worker turns at or exceeds $675/week, they will still get a maximum of $675. But these benefits aren’t tax-deductible.
In Georgia there are four types of disability benefits paid under the worker’s compensation insurance. The type of benefit that is paid depends on the severity of the disability and the length of time that it is expected to last.
Temporary Total Disability Benefits for Georgia Workers’ Compensation
According to GA Code 34-9-261 an injured employee is eligible to receive temporary total disability benefits when the doctor determines that the worker is not able to perform work or put the employee on light duty work and light-duty work isn’t available.
There’s a waiting period of 7 days for the benefits to start. If an injured employee is out of work for 7 days, they are legally eligible for temporary total disability benefits. Employees who have been out of work for more than 21 days can also be eligible for temporary total disability benefits.
These benefits are calculated on the basis of the average weekly income. Two-thirds of the average weekly income is utilized to determine the benefits. The maximum amount is $675 for workers injured on or on or after the 1st of July January, 2019.
The workers’ benefits for compensation in Lithonia can continue to be paid for up to 400 weeks following the date of injury. If an authorized doctor issues a work release of light duty to an injured worker these benefits might be limited to 52 consecutive weeks.
Temporary Partial Disability for Georgian Workers’ Compensation
These benefits are described in GA Code 34-9-262. These benefits are available to injured workers who aren’t totally disabled. They’re granted partial disability status in these cases and can be employed on a lighter-duty basis.
It is possible to return to work, however the earnings you earn are less than prior to your accident. The benefits are designed to help cover a portion of the wage difference due to injuries that occur during work.
These benefits are calculated at the equivalent of two-thirds of your weekly pay. These benefits are limited to $450 per week and can be used for no more than 350 weeks after the accident.
The benefits typically are paid only up to the time it is established by your doctor that you will be able to return to work as normal.
This is an example that will help you to understand the concept better. Imagine that you made $500 per week prior to the injury , and now, after the injury, you are making $300 per week.
The difference between these two numbers is $200, and two-thirds of that is $133.33. This is the maximum amount you are eligible to receive under temporary partial disability benefits.
Workers’ Compensation in Georgia: Permanent Partial Disability Benefits
GA Code 34-9-263 determines these benefits. An employee who is injured in an accident is eligible for PPD benefits if their physician declares that they have reached maximum medical improvement (or MMI) and has concluded that they qualify.
Maximum medical improvement is an injury or illness that is not likely to improve.
If an injured worker is eligible for PPD benefits, they aren’t qualified to receive TPD or TTD benefits. These calculations are dependent on two thirds of the average weekly salary. The maximum weekly amount an employee can earn is $675.
This is the most popular form of workers’ compensation claim. These benefits can also be received in one lump sum, rather than weekly.
Insofar as the calculations are concerned, it is made on the basis of impairment ratings provided by a doctor who is authorized to do so. The rating is multiplied by the number of weeks permitted for the body part that is injured. For instance, the maximum number of weeks allowed for PPD benefits to the thumb is 60, whereas 225 weeks are allowed for the arm.
Permanent Total Disability Benefits for Georgian Workers’ Compensation
Georgia has no similar classification. However, employees are able to claim workers’ compensation benefits in Lithonia for total disability on a permanent basis for qualifying catastrophic injuries.
A worker who loses one or more of their hands, legs, feet or legs is likely to be entitled to total disability benefits.
Permanent loss of vision in both eyes is also a legal basis for qualifying for this type of compensation.
As far as the calculations are concerned, it’ll be exactly the same as the calculations done for temporary total disabilities, however the only difference is that these benefits will last for an entire lifetime and will not end after 400 weeks.
What is the Method Used to Calculate Workers’ Compensation Benefits in Lithonia?
There are three ways to calculate the average weekly wage in Georgia:
Actual Earnings for 13 Weeks
The most effective method to calculate the weekly average wage of injured workers is to calculate the average wage for the 13 weeks prior. For instance, if an injured worker earned $26,000 over the 13-week time period prior to the accident, their average weekly wage would be $2000.
Similar Employee’s Earnings
If in case the employee hasn’t been working for a significant portion of the 13 weeks preceding the accident, the earnings of another employee engaged in the same employment might be used in calculating the average weekly wage.
Contracted Rate of Employment
This method is used to calculate the average weekly wage of injured workers if the other methods don’t work. In this way, the hourly wage contract fire of an employee is taken and multiplied by the amount of hours they are contracted to work.
For instance, if the injured worker earned 25 dollars per hour and were hired to work for 40 hours per week, their weekly salary would be $1000. It is crucial to calculate the average weekly wage as this is the basis for workers’ benefits calculations.
Are Workers’ Compensation Benefits in Lithonia Tax-Deductible?
Georgia laws as well as IRS codes don’t count worker’s compensation benefits as income. In some instances however, it may be necessary to report the amount of settlement.
Contact Our Lawyers Today to Get the Workers’ Compensation Benefits Lithonia You Deserve.
The laws governing workers’ compensation are complex , which is why you need an experienced attorney from Workers’ Compensation Lawyers Coalition Atlanta on your side to protect your rights and help you receive the benefits you’re entitled to.
We have a wealth of experience helping injured workers recover the most benefits of workers’ compensation in Lithonia for their injuries. Contact us today at 470-518-5026 for an initial consultation for no cost and to learn more about Lithonia workers’ comp attorneys.