Workers Compensation Benefits

/Workers Compensation Benefits
Workers Compensation Benefits2018-07-20T15:59:45+00:00

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If you sustain an injury at work in Georgia you may be entitled to “income benefits”, permanent disability benefits and medical benefits.  Question: What are the workers’ compensation benefits in Georgia?

In order to qualify for income benefits, you must be off work for seven consecutive days. There are two types of income benefits in Georgia: TTD (temporary total disability) and TPD (temporary partial disability).

What is Temporary Total Disability or TTD?

If you are deemed completely unable to work, you may be entitled to TTD benefits.  TTD income benefit calculations use 2/3 of your average weekly wage for 13 weeks prior to your date of accident.  However, there is a statutory maximum for injuries.  Also, prior to July 1, 2013, this was $500 per week.  So, this amount is not taxed.  As a result, if your injury is not deemed “catastrophic” by the State Board of Workers’ Compensation, you could be entitled to TTD benefits for up to 400 weeks from the date of the original accidents.  In reality, most cases settle prior to this limit if the injury is not catastrophic.

What is Temporary Partial Disability or TPD?

TPD benefits may be owed to you if you suffer a wage loss due to your work injury.  Today, there are several methods used to calculate TPD benefits and it can get complicated.  However, if you were injured and returned to work at a lesser paying job, you may be entitled to TPD benefits for up to 350 weeks from the date of the original accident.  Also, you will need to keep very good records of your post-accident wages if you believe you may be entitled to TPD income benefits. O.C.G.A. Section 34-9-261 and 262 outline the TTD and TPD payment procedures.

What is Permanent Partial Disability or PPD?

PPD benefits may be owed if the Authorized Treating Physician finds that you have sustained some permanent impairment as a result of the work injury.  Consequently, he physician typically assigns a “PPD rating” which is then multiplied by a certain number. That number is then the number of weeks PPD benefits are owed and the final PPD amount is determined by taking the number of weeks multiplied by your workers’ compensation weekly income benefit rate. The insurance company can pay this amount weekly or in a lump sum.  Also, you are not entitled to PPD benefits if you are receiving TTD or TPD benefits.

The impairment ratings follow AMA Guides, however, I often see doctors “guesstimate” a rating with no basis.  The insurance company is also supposed to request a PPD rating from the doctor within 30 days of your entitlement.  Again, many times, this simply is not completed.

Source: Georgia Workers’ Compensation O.C.G.A. Section 34-9-263(c) outlines the process for PPD payments.

What are Compensable Claims?

Compensable claims are entitled to payment for the following medical expenses:

  1. Usual and Customary Charges
  2. Reasonably Necessary Items
  3. Covered Care or Services to Effect a Cure, Relief or Restore Employment
  4. Physician Visits with Status ‘Authorized’ Physicians

Source: Sections 34-9-200, 201, 203 and 205.

Whether or not medical treatment is reasonably necessary to effect a cure, give relief, or restore the employee to suitable employment, is one of the most hotly contested issues.  Many times, even if the Authorized Treating Physician is the one recommending a procedure such as a surgery, the insurance company will get a second opinion.  This is called an “IME” (Independent Medical Examination).  Most often, longer claims create a less willing insurance company to authorize the recommended treatment.

Additional Georgia Workers’ Compensation Information

Read this page on What to Know About Workers’ Compensation Attorney Settlements 

Read this post on How to Value Your Claim  

Read this page on Top 10 Injured Workers Mistakes 

Read this page on Top 10 Insurance Adjuster Tactics

Georgia Workers’ Compensation Attorney – Free Consultation

Contact Beth Gearhart for a free case evaluation at (404) 445-8370.  If you would prefer a callback, submit your details below for a same day call from Beth.

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See What People Are Saying

 

It turned out to be the best decision I have made in a long, long time.

I got injured at work. Trying to deal with the insurance company became overwhelming mainly because I needed surgery and they would not respond to my calls or emails. I researched local attorneys and decided to choose Gearhart Law Group mainly because it was smaller, I liked the information I read and I felt I might get more individual attention. It turned out to be the best decision I have made in a long, long time. Beth Gearhart made me feel as though I were her only client. She responded to my emails immediately, every time. She explained the whole process from the beginning and everything unfolded exactly as she explained it would. The process took time but I received the surgery I needed and in the end was very surprised by the large financial settlement I received due to Ms. Gearhart’s expertise. I highly recommend Gearhart Law Group.

R. Draine

5.0
2018-05-16T13:27:43+00:00

R. Draine

I got injured at work. Trying to deal with the insurance company became overwhelming mainly because I needed surgery and they would not respond to my calls or emails. I researched local attorneys and decided to choose Gearhart Law Group mainly because it was smaller, I liked the information I read and I felt I might get more individual attention. It turned out to be the best decision I have made in a long, long time. Beth Gearhart made me feel as though I were her only client. She responded to my emails immediately, every time. She explained the whole process from the beginning and everything unfolded exactly as she explained it would. The process took time but I received the surgery I needed and in the end was very surprised by the large financial settlement I received due to Ms. Gearhart’s expertise. I highly recommend Gearhart Law Group.

Gearhart Law Group the best in GA hands down!!!

Words can’t express how thankful I am for such a superb team! From the very beginning Beth waisted no time, she executed every step of the way. I never had to worry. Gearhart Law Group made me feel like I was there most important priority and not another file you just throw away on the desk. From finding doctors and getting the best treatment possible Khristy, your a trooper thank you so much. Gearhart Law Group the best in GA hands down!!!

D. Evans

5.0
2018-05-16T13:40:58+00:00

D. Evans

Words can’t express how thankful I am for such a superb team! From the very beginning Beth waisted no time, she executed every step of the way. I never had to worry. Gearhart Law Group made me feel like I was there most important priority and not another file you just throw away on the desk. From finding doctors and getting the best treatment possible Khristy, your a trooper thank you so much. Gearhart Law Group the best in GA hands down!!!

Would have given her 10 stars if possible!

Highly recommend Beth for WC claims! I was ALWAYS able to talk to her when I called and she responded to my emails very quickly. She was able to get us a very fair amount and did not just tell us what we wanted to hear, she was very honest! Would have given her 10 stars if possible!

B. Atwater

5.0
2018-05-16T13:29:37+00:00

B. Atwater

Highly recommend Beth for WC claims! I was ALWAYS able to talk to her when I called and she responded to my emails very quickly. She was able to get us a very fair amount and did not just tell us what we wanted to hear, she was very honest! Would have given her 10 stars if possible!

I would highly recommend Beth to anyone needed a Workers Compensation Lawyer.

From the moment I called Beth, I knew I had made the right decision. She returned my initial phone call very promptly and was sensitive to my case and situation. I had an injury in Georgia, but live in New York so the case was complicated and unique. I found her to be extremely knowledgeable about Georgia Workers Compensation laws which is what I needed assistance with. I would highly recommend Beth to anyone needed a Workers Compensation Lawyer.

Client Testimonial

5.0
2018-05-16T13:40:08+00:00

Client Testimonial

From the moment I called Beth, I knew I had made the right decision. She returned my initial phone call very promptly and was sensitive to my case and situation. I had an injury in Georgia, but live in New York so the case was complicated and unique. I found her to be extremely knowledgeable about Georgia Workers Compensation laws which is what I needed assistance with. I would highly recommend Beth to anyone needed a Workers Compensation Lawyer.
5.0
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