Georgia Workers’ Compensation Law:
The Basics
Georgia workers have seen many changes in our workers’ compensation laws in the past few years. Here is a basic break down of the Workers’ Compensation system in the State of Georgia:
Temporary Total Disability (TTD)
- When you’re not working at all
- You can receive TTD benefits when your Authorized Treating Physician (ATP) has placed you on “no work” status, or has restricted your job duties to “light duty work” and there’s no light duty available. Refer to our blog at www.bruceedwardslaw.com for more information about light duty work and job searches!
- Once you have been out of work for a week (waiting period), you will be entitled to weekly checks for lost income. If you’re out for 21 days, you will be entitled to be paid for the waiting period as well.
- Weekly checks for temporary total disability benefits will equal two-thirds of your average weekly wage (up to a maximum of $675 if you were injured on or after July 1st, 2019).
- Should you receive a light duty work release from your authorized treating physician, these benefits may be limited to 52 consecutive weeks or 78 weeks total.
Never quit your job!
Quitting only lets the Employer dismiss their obligation to take care of you as an employee injured on the job. Work within your Doctor’s prescribed limitations, and speak to our office should you be asked to perform outside of your light-duty job restrictions.
Temporary Partial Disability (TPD) - When you’re back to work at reduced pay
- You can receive TPD benefits when your ATP has placed you on some work restrictions, and you can return to work but are earning less than you were before your injury or illness—either because you are making less per hour or because you are working fewer hours.
- Weekly checks for TPD benefits will equal two-thirds of your average weekly wage (up to a maximum of $450 if you were injured on or after July 1, 2019).
- The maximum number of TPD benefits is 350 weeks from the date of the accident
Permanent Partial Disability (PPD) - Living with a disability
- PPD claims are the most common type of Workers’ Compensation claim.
- May result from a work-related injury or occupational disease.
- Payment for PPD is granted only when no TTD or TPD payments are being awarded.
- Weekly checks for PPD benefits will equal two-thirds of your average weekly wage (up to a maximum of $675 if you were injured on or after July 1, 2019). PPD benefits are computed by multiplying the percentage of your impairment rating given by your ATP by the number of weeks allowed under the type of injury you have.
What do Workers’ Comp Benefits Cover in Georgia?
When you or a loved one are hurt on the job, workers’ comp benefits can provide a financial safety net for you and your family. In the state of Georgia, workers’ compensation covers the following expenses in addition to the weekly wage loss benefits discussed above:
- Medical Care
- the insurer must pay all of your medical bills as long as you go to a company approved workers’ compensation doctor (ATP). The insurer will have to pay for your medical bills as long as your ATP says the treatment is for your job-related injury. Refer to your job’s panel of physicians for Authorized Treating Physicians!
- Physical Therapy. Occupational Therapy. Psychological & Mental health treatment for PTSD, depression, or anxiety due to your work injury. In-home nursing and attendant care. Chiropractic services. Emergency room care. Hospital visits. Prescription medication. Prosthesis, braces, and assistive devices.
- Mileage
- You are entitled to 40 cents per mile for going to and from the medical providers or to obtain medications from your pharmacy.
- Medical and Vocational rehabilitation- for injuries deemed catastrophic
Stay Informed on How to Handle an on the Job Injury
- All places of employment are required to have posted in plain view a Panel of Physicians. These are usually located with similar materials such as OSHA.
- Be knowledgeable of whom your supervisors are as you will need to inform a supervisor, not just a fellow employee, of any work-related injuries as soon as possible after they occur.
- No matter which Doctor you are first taken to, be sure to describe your injury and the pain you are experiencing in great detail. Mention the different types of pain you are experiencing such as numbness, tingling, burning, aching, etc. and be specific about where these sensations are occurring. Describe where and how your injury occurred.
- You DO have a say in choosing your authorized treating physician. DO NOT allow your Employer or Insurance Adjuster to make the choice for you without first researching the doctors available to you on your work place panel. If you have not seen your panel before, request one. Employers are legally obligated to have that information posted in plain sight and readily available to employees.
- If you are unsure about which Doctor to choose consult with current and past employees. Our firm offers free panel reviews and consultations as well
- It is your Authorized Treating Physician who has the final say in your work status or, in other words, if and when you are capable of returning to work and what you are capable of performing at work during recovery. Who your Authorized Treating Physician is and the subsequent Work Status they place you on can make all the difference in your ability to heal and recover quickly from your injury. Your choice of physician can be the difference in receiving your Workers' Compensation benefits and medical care from the date of your injury or having to wait a grueling 8-10 months before appearing in court (All while having no source of income and paying for medical expenses out of pocket) in order to plead your case to a Judge.
- Exercising your legal right to one choice/change of authorized treating physician will help you in avoiding unnecessary litigation later on in order to receive your Workers' Compensation benefits and medical care. These benefits, two-thirds of your average weekly wage, can be the life line that keeps your head above water when you are unable to work due to your injuries and are receiving the medical care needed for your recovery.
Remember, Workers' Compensation is an insurance designed to protect employees. Its purpose is to help hard working Americans by providing them a means to the medical care and financial support needed in order to recover from work place injuries and return to their jobs and their lives!
Our firm offers free case consultations and reviews of authorized treating physician panels to all injured workers of Georgia. Call our knowledgeable staff for any questions you may have at 912-384-5700 or visit us at bruceedwardslaw.com.
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