Workers’ Compensation
In the State of Georgia, all employers with more than three workers must carry
workers’ compensation insurance to cover employees who may be injured at work. This legal requirement also removes the need for the injured employee to prove negligence of the employer in order to recover workers’ compensation benefits.
Whenever an employee is injured at work in a compensable workers compensation claim, they are entitled to have their medical expenses paid and to continue to receive up to 66.66% of their weekly earnings subject to a maximum cap of $575.00.
As long as you were injured at work, you are entitled to
compensation. If the injury was caused by the negligence of a third party other than your employer or colleague, an injured worker may be able to file a third-party liability claim against the third party in addition to a workers’ compensation claim.
Benefits available to you if you are injured at work
WORKERS’ COMPENSATION BENEFITS
There are four types of weekly benefits you can receive if you are injured at work. These are further classified into either temporary or permanent benefits depending on the nature and extent of injury suffered.
Temporary Benefits
Temporary Total Disability (TTD) — TTD benefits are weekly income benefits equal to two-thirds of an injured worker’s average weekly earnings immediately prior to the work injury, up to a maximum cap of $575 per week. For injuries that are not catastrophic, an injured worker is entitled to TTD benefits for up to 400 weeks from the date of injury.
Temporary Partial Disability (TPD) — TPD benefits are paid when an injured worker returns to work in a lower-paying job after a work injury. TPD benefits are equal to two-thirds of the difference in the injured worker’s pre-injury wages and post-injury wages, up to a maximum of $384 per week. An injured worker is entitled to TPD benefits for up to 350 weeks from the date of injury.
Permanent Benefits
Permanent Partial Disability (PPD) — This benefit is available in the event your injury results in a permanent disability as assigned by a treating physician. PPD value is determined by a set criteria following your doctor’s assessment of your percentage disability based upon AMA guidelines.
Death Benefits
Death benefits are weekly income benefits equal to two-thirds of a deceased worker’s average weekly earnings immediately prior to the work injury, up to a maximum of $575 per week. These benefits are paid to the deceased worker’s surviving spouse and children. A sum of $7,500 is also available for funeral expenses. In cases where a deceased worker has no dependent children, the total death benefits paid to a surviving spouse are capped at $230,000.
Medical Benefits
When you are injured at work, your workers’ compensation insurance will pay your medical expenses as well as for any rehabilitation and therapy you may require. To qualify for this benefit; however, you must receive this treatment from a physician approved by your employer. This requirement does not apply to emergency medical care.
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Catastrophic Injury
Catastrophic injuries include work injuries resulting in amputations, severe burns, severe paralysiss, blindness, severe head injuries, and other severe injuries that render an injured worker incapable of returning to work.
A worker who suffers a catastrophic injury is entitled to weekly benefits in the amount of two-thirds of his average weekly earnings immediately prior to the work injury, up to a maximum of $575 per week. In catastrophic injury cases, the injured worker is entitled to weekly income benefits and medical treatment for as long as he or she is incapacitated from returning to work.
Workplace Wrongful Death
The Bureau of Labor Statistics estimates that in 2017 there were about 5,147 deaths resulting from accidents at the workplace. This includes 194 casualties in Georgia alone.
While a survivor of a deceased worker cannot bring a typical tort claim against the deceased’s employer, the law entitles a survivor to receive death benefits from the employer’s workers’ compensation carrier.
Survivor Benefits
Survivor benefits are weekly income benefits equal to two-thirds of a deceased worker’s average weekly earnings immediately prior to the work injury, up to a maximum of $575 per week. These benefits are paid to the deceased worker’s surviving spouse and children. A sum of $7,500 is also available for funeral expenses. In cases where a deceased worker has no dependent children, the total death benefits paid to a surviving spouse are capped at $230,000.
Medical Disputes
Injured workers typically find a workers’ compensation attorney to be especially helpful in resolving medical disputes between the injured worker and the insurance company. For instance, many injured workers experience difficulties and delays in getting a workers’ compensation carrier to authorize treatment recommended by the worker’s physician. An experienced workers’ compensation attorney can accelerate this process by advocating for a client’s rights with the insurance carrier directly.