Georgia Workers' Compensation Overview For Injured Workers
In an earlier post, I discussed the basics of Georgia’s workers’ compensation. While many of my articles are targeted to the legal community, including other lawyers, I also want to provide information to those who have suffered on the job injuries. A good client commented recently that the blog was interesting, but suggested that I write a series of articles to help injured claimants understand the Georgia workers’ compensation laws and system.
There are four main benefits to which an injured employee is entitled: weekly benefits, medical benefits, benefits from a permanent partial disability rating, and rehabilitation benefits in catastrophic cases. In this post, I will discuss the various types of weekly benefits.
There are two types of weekly income replacement checks that injured workers can get: temporary total disability (TTD) benefits and temporary partial disability (TPD) benefits. Currently, the maximum weekly amount of TTD benefits is $450.00. The maximum time allowed to collect these benefits is 400 weeks from the date of injury. You also have to be out of work for 7 days to be eligible for workers’ compensation and your first check is not due until 21 days after the injury. Generally, an injured worker can collect TTD benefits if the injured worker is out of work and has not been released back to work full duty by the Authorized Treating Physician. In other words, if the Authorized Treating Physician restricts the clamant from doing any work or puts the worker on light duty, the worker can receive TTD benefits. You receive TTD benefits if you are totally out of work.
Under Georgia workers’ compensation law, an injured worker collects TPD benefits in two instances. In the first case, you can collect TPD benefits if you were injured, returned to work, and make less money because of the on the job injury. This method of receiving TPD benefits is the focus of this post. Second, you can collect less under the law, even if you do not return to work, under O.C.G.A. 34-9-104. We discussed Section 104 in a previous post which can be found below (See "I Heard Georgia Workers' Compensation Will Pay Up To $450.00 Weekly for 400 Weeks, Right?....Wrong!")
Here is an example based on the following assumptions. You were injured while working for Widget’s of America on January 1, 2007. You were making $1000.00 per week before the injury. The maximum you can collect is 2/3 of you Average Weekly Wage prior to the job injury, up to $450.00. You go immediately to a doctor from your employer’s properly posted Panel of Physicians. The doctor writes a report that says you cannot work until January 31, 2007. Your first workers’ compensation check will be due on January 22, 2007 which is 21 days after you were injured. The check should total $1,350.00 which represents $450.00 per week for 3 weeks. Thereafter, you would collect $450.00 per week. If the check is not paid on time, the employer / insurer would owe an additional 15% as a penalty.
Let’s further assume that you go back to the doctor on February 1, 2007. The Authorized Treating Physician puts you on light duty work restrictions in the following respect: no lifting over 25 lbs., no overhead lifting, and no stooping or bending. Also assume you stay out of work until February 28, 2007 because your employer does not make a suitable light duty job offer in accordance with the law (O.C.G.A. 34-9-240). You would still collect TTD benefits of $450.00.
When you return to the doctor on March 1, 2007, you are released to work full duty with no restrictions. As of this date, your weekly benefits can be stopped if the employer and insurance company follow the law by filing the proper Georgia workers’ compensation form (WC-2) and give you 10 days’ notice before stopping your benefits.
If your benefits have been stopped or were never started in the first place, I recommend that you consult with a workers’ compensation lawyer. There are steps that can be taken such as requesting a different doctor and/or filing a Motion Requesting A Change of Physician. Often times, a Panel of Physicians was not properly posted or, if posted, was invalid. Only an experienced Georgia workers’ compensation attorney can analyze these issues. Please feel free to call me with any questions or for a free consultation.
