Each year, thousands of workers are injured due to workplace accidents in Georgia. People in all kinds of occupations suffer work-related injuries only that some industries have a higher risk of injury than others. Fortunately, if you are injured in a work accident or suffer an occupational illness, you can recover workers’ compensation benefits in Powder Springs, Georgia.
The state of Georgia requires that all employers with at least three employers carry workers’ compensation insurance for their employees. Unlike other forms of personal injury claims, Georgia’s workers’ compensation is a no-fault system which means that the employee isn’t required to prove who’s at fault for their injuries to be eligible for compensation. But in exchange, they have to forfeit their right to take legal action against their employer.
If you’ve been injured while in course of your employment, you need to hire a Powder Springs workers’ compensation attorney as soon as possible. Recovering workers’ compensation benefits can be a difficult and frustrating process, especially considering employers and insurance carriers aren’t always willing to pay for these benefits.
Our attorneys at the Workers’ Compensation Lawyer Coalition will help to make the process easier for you and ensure that you receive maximum compensation for your injuries. Call us today at 770-796-0919 to schedule a free case evalution.
Georgia Workers’ Compensation Income Limits
In the state of Georgia, workers’ compensation weekly wage loss benefits are usually calculated as two-thirds of the employee’s average weekly income but up to a certain maximum amount depending on the level of injury and the date the injury happened.
For injuries that happened after July 1st 2019, the maximum weekly payment amount for temporary total disability benefits is $675 per week and $450 per week for temporary partial disability benefits.
Disability in workers’ compensation refers to the inability of an injured employee to return to work in their normal capacity.
Types of Workers’ Compensation Benefits in Powder Springs, GA
In the state of Georgia, there are four categories of disability benefits that are available in a workers’ compensation claim:
Temporary Total Disability Benefits in Georgia Workers’ Comp
TTD benefits are typically paid out to injured employees who are determined to be unable to return to work as a result of their injuries or are put under light-duty work by a doctor but no light-duty work is available. However for TTD benefits to kick in, a 7-day waiting period has to pass. For employees who stay out of work for 21 consecutive days, they are entitled to payment for the initial 7 days.
TTD benefits are determined on the basis of two-thirds of the average weekly pay. For injuries that happened on or after July 1st 2019, TTD benefits are limited to $675 per week and can only be paid for a maximum of 400 weeks from the date of the injury. However, in cases where a doctor grants the injured employee a light-duty work release, the payments may be limited to 52 consecutive weeks.
Temporary Partial Disability Benefits in Georgia Workers’ Comp
TPD benefits are available to employees who are determined to be partially disabled and are allowed to return to work but in a reduced capacity and at a lower wage. This means that if you are able to go back to work during your recovery period but are earning less than you used to before you suffered the injury, you can be entitled to temporary partial disability benefits.
TPD benefits are meant to compensate the injured employee for part of the wage difference created by the employee being forced to work at a reduced capacity than they previously used to.
TPD benefits are determined on the basis of two-thirds the difference between the income previously earned by the employee before the injury and the current lower wage. These benefits are limited to a maximum of $450 per week and are only payable for a maximum of $350 weeks from the date of the injury. However, they are often paid up to the date when the doctor determines that the employee can return to working in their normal capacity.
Permanent Partial Disability Benefits in Georgia Workers’ Comp
If you are determined to have achieved maximum medical improvement by a doctor, you can be eligible for PPD benefits. This means that your doctor has determined that your condition is unlikely to improve any further. You should continue to have some sort of impairment to one of your body parts that compromises your performance. It is important to note that if you are awarded PPD benefits, you won’t be eligible for TTD benefits or TPD benefits.
The maximum amount that an injured worker can be paid is limited to $675 per week and is payable for the specific number of weeks allowed for the affected body part.
Calculations for PPD benefits are done based on an impairment rating provided after evaluation by an approved doctor, which is then multiplied by your average weekly wage. These payments are made for the number of weeks allowed for the affected body part which include:
- 160 weeks for the hand
- 225 weeks for the upper extremity
- 60 weeks for the thumb
- 225 weeks for the lower extremity
Permanent Total Disability Benefits in Georgia Workers’ Comp
While there is no category known as permanent total disability under Georgia law, in some rare cases, an employee can be awarded benefits for total disability on a permanent basis for an allowed catastrophic injury or for the loss of or loss of function of two or more major parts of the body, for example, both legs. Permanent total disability benefits are calculated on the same basis as temporary total benefits but aren’t limited to 400 weeks.
How Are Workers’ Compensation Benefits in Powder Springs Calculated?
Georgia’s workers’ compensation benefits are mainly based on your average weekly wage. This is the most important element when calculating the applicable benefits. The average weekly wage is mainly determined by calculating the employee’s average income in the 13 weeks leading to the injury. This means dividing the total income earned during this period by 13.
In case the employee has worked for a very short amount of time, the average weekly wage is calculated using a similar employee’s wage.
If the above methods aren’t applicable, the average weekly wage will be the approximate amount the injured employee would have been earning were it not for the injury.
Are Workers’ Compensation Benefits in Georgia Taxed?
Since Georgia utilizes federal tax laws, workers’ compensation benefits are exempt from taxation. However, if you return to work on a light-duty capacity and are earning a wage, the wage will be subject to taxation.
Get Professional Legal Help Today
Have been injured at work? You need to consult a skilled attorney from the Workers’ Compensation Lawyer Coalition as soon as possible. Your attorney is your best ally and most important asset when dealing with a Powder Springs workers compensation claim. We are aware of the hurdles injured employees face when seeking workers’ compensation benefits in Powder Springs and we know how best to tackle them.
Call us today at 770-796-0919 for a free, no-obligation case evaluation and consultation.