- September 12, 2022
If your workers’ compensation claim in Georgia is approved, you’ll receive three main types of benefits. The first type of benefit will be medical coverage for any treatment you need related to your injuries. The only injuries that will be covered are those injuries sustained in your workplace accident. If you had a pre-existing medical condition before your accident, that will not be included under workers comp.
The second type of benefits you’ll receive are replacement wages. You’ll be entitled to weekly wages equal to 2/3 of your average weekly wage. Finally, the third benefit you’ll be entitled to is vocational training or rehabilitation. This is intended to help you return to the workforce if you’re not able to do the same work you did prior to your accident.
Our workers’ compensation attorneys in Georgia help make sure their clients receive the benefits they deserve. If you have a feeling that your benefits have been calculated incorrectly, it’s time that you speak with one of our personal injuries attorneys in Georgia.
Here, we will discuss the way your wages are calculated for workers’ compensation purposes. We’ll also explain how much you’re entitled to receive under Georgia law. Finally, will describe what the process is for disputing the amount of weekly wages you’re receiving.
If you still have questions regarding your workers’ compensation claim, feel free to call our office and speak with one of our workers’ compensation attorneys in Georgia. Or you can always go online and schedule your free, initial consultation.
You Do Not Receive Your Full Wages or Salary While on Workers’ Compensation
One thing a lot of our clients are surprised to hear is that you don’t receive your full pay while you’re at home on workers’ compensation. It doesn’t matter whether you live in Georgia or any other state, you are only going to receive 2/3 of your average weekly wages while you’re out of work.
If you’ve ever been on unemployment, then you know that you never receive your full pay while you’re on unemployment. Most people receive about 2/3 of their average income. You also get to choose whether you want taxes to come out of your unemployment checks. If you choose to not have taxes come out upfront, then you’ll have to claim all of your unemployment benefits on your taxes.
When it comes to workers’ compensation benefits, they aren’t taxed at all. What the state does instead is simply pay everybody the same percentage of what they typically earned before they got hurt. The only people that suffer are those who earn higher than the maximum threshold.
There are Limits to How Much You Can Receive on Workers Comp in Georgia
According to Georgia law, there’s a limit to how much you can receive per week while you’re out on workers’ compensation. Every state has a similar law, but most states are more generous than the state of Georgia.
For example, the maximum amount you’re allowed to receive per week on workers’ compensation in Georgia is only $675. There are some states, such as Florida, that offer benefits almost twice this much. However, most states don’t let you collect workers comp benefits as long as Georgia does.
In Georgia, you’re allowed to receive benefits for up to 400 weeks. This comes out to be just shy of eight years. Very few of our clients ever get to that point. Our workers’ compensation attorneys in Georgia settle most of their cases long before it reaches that point.
Of course, there are those rare cases in which an employee continues to receive workers comp benefits for the entire 400 weeks. Our goal is to make sure that doesn’t happen to you.
Your Personal Injury Attorney in Georgia Will Make Sure Your Wages Are Calculated Properly
One of the reasons we suggest you talk to a personal injury attorney in Georgia about your workers comp case is to make sure you’re receiving the right benefits. According to Georgia law, you’re supposed to receive 2/3 of your average weekly wages. The law also stipulates how your employer is supposed to determine what your average weekly wages are.
The way your average weekly wages are determined is your employer will take your income for the last 52 weeks, add it together, and then divide that amount by 52. If you haven’t been with your employer for a full year, then your employer would simply take the average income for the weeks that you were there.
If you are relatively new and haven’t been employed at your company for more than three months, then your employer will usually look at the average weekly wage for somebody in the same position as you who has been with the company longer.
As mentioned above, the most you can receive per week on workers comp in Georgia is $675. For example, if your average weekly wages were $1,000, you would receive $666 every week on workers comp. If you average weekly wages for $2,000, then you would think you would learn $1,332 per week. However, since the maximum workers’ compensation rate per week in Georgia is only $675, that is what you’ll be paid.
This can be frustrating and our workers’ compensation attorneys in Georgia understand your frustration. Unfortunately, there’s nothing we can do about it. However, we can make sure your employer calculates your wages fairly.
In Georgia, the following income is to be included when calculating your average weekly wages for workers’ compensation purposes:
- Wages or salary
- Commissions
- Bonuses
- Stipends
- Holiday bonuses
- Any other work allowance such as uniforms, travel expenses, and supplies
If your workers’ compensation attorney in Georgia learns that your employer did not include all of these things, they will file an appeal on your behalf.
Contact an Experienced Workers’ Compensation Attorney in Georgia Today
If you or your spouse got hurt at work and are now collecting workers’ compensation benefits, you should talk to a personal injury attorney in Georgia right away. If you have a feeling that you’re not receiving as much as you’re supposed to, our attorneys can help.
We will review the workers’ compensation claim as well as your wage information. If we feel that your employer is not fairly compensating you, we will give them a chance to correct the issue first. If that doesn’t work, we will have no problem filing suit on your behalf.
We recommend that you call our office as soon as possible and schedule your free, initial consultation.
