What is Workers Compensation?

Workers’ compensation benefits in Georgia provide vital support to employees who suffer work-related injuries or illnesses. These benefits are designed to help injured workers recover, financially compensate them for their losses, and ensure access to necessary medical care. Sadly, on-the-job injuries are a serious concern in Georgia, with many of these accidents ending in fatalities.

If you sadly suffered from an injury at work, chances are you are in search of your legal options to claim compensation and demand time out of work to recover from your injuries.

What Does Workers’ Compensation Cover?

According to the U.S. Bureau of Labor Statistics, Georgia had 187 fatal work injuries in the last reported year, with transportation incidents accounting for 41% of all fatal workplace injuries in the state. However, according to Georgia Code § 34, workers’ compensation benefits are designed to provide a financial safety net for employees who find themselves in such unfortunate circumstances.

The law outlines the various types of benefits you may be entitled to, and that include:

Medical benefits: Workers’ compensation covers medical expenses related to the injury, including doctor visits, hospital stays, medical tests, prescription medications, and medical equipment.
Wage benefits: Wage benefits are paid to workers who are unable to work because of a work-related injury or illness. These benefits replace lost wages for a limited time if you are unable to work due to illness or injury.
Vocational rehabilitation: Vocational rehabilitation benefits are paid to workers who are unable to return to their previous job due to their injury or illness.
Death: These are paid to the employee’s spouse, children, or dependents if the employee dies from injuries suffered in the workplace, constituting a wrongful death case.

Understanding Georgia’s workers’ compensation laws is not just a legal need; it’s your right as an employee. When you’re sidelined by a work-related injury or illness, you need to know exactly what you’re entitled to under the law. This isn’t just about getting through a tough time; it’s about securing your future and ensuring you’re not left financially stranded.

So, to be clear, workers’ compensation it’s a legally mandated safety net, designed to cover your medical expenses, replace your lost wages, and even provide vocational rehabilitation or death benefits to the affected family if necessary.

How Georgia Workers’ Compensation Payments Work

These payments act as a financial lifeline when you find yourself unable to work due to a workplace injury, providing wage replacement and covering various costs related to your injury.

Eligibility for Weekly Supplemental Income:

In Georgia, you become eligible for weekly supplemental income benefits once you’ve been unable to return to work for seven consecutive days following your workplace injury.
It’s important to note that for the initial seven days, you won’t receive any compensation unless your injury prolongs your inability to work for a continuous period of 21 days. This regulation is outlined in OCGA §34-9-220. If your injury fits this criteria, you’ll be compensated for that first week.

How Is Workers’ Compensation Calculated in Georgia?

In Georgia, the calculation of workers’ compensation benefits is a multi-step process that hinges on several key variables. As per Georgia law, the first critical factor is the Average Weekly Wage (AWW). This is calculated by taking into account the employee’s earnings for a specified period leading up to the date of the injury.

This period is usually the 13 weeks immediately preceding the injury, but exceptions can apply.

Once the AWW is established, the next step is to determine the actual compensation benefits. In Georgia, the standard rate is set at two-thirds of the AWW, subject to a maximum cap which is not more than $800.00 per week for an accident that occurred on or after July 1, 2023.

These weekly benefit payments are generally initiated within the same pay period in which wages would have been paid if the employee were able to work. Additionally, these benefits can be subject to change if the injured worker’s employment status or capacity for work changes.

Types of Payments for Workers’ Compensation

Various types of payments are meticulously structured to address the multifaceted challenges that injured workers often face. These payments serve as financial lifelines, helping workers navigate through the complexities that come with work-related injuries or illnesses.

Temporary Total Disability (TTD): If you find yourself unable to work temporarily due to an injury or illness, TTD benefits may be your financial safeguard. These benefits are generally calculated to be two-thirds of your average weekly wage, subject to a maximum limit as mentioned above.
Temporary Partial Disability (TPD): When you’re capable of returning to work but not at your full pre-injury capacity, TPD payments come into play. These payments aim to bridge the financial gap between your reduced earning capacity and what you used to earn before the injury occurred.
Permanent Partial Disability (PPD): In cases where your work-related injury or illness results in a permanent impairment or disability, PPD payments are provided. The state of Georgia uses a specific schedule to determine the extent of the disability and the corresponding compensation you’re entitled to.

Each type of payment serves a unique purpose, tailored to assist injured workers at different stages of their recovery and return to work.

Who Pays For Health Insurance While On Workers Compensation?

If you sustain a work-related injury and your employer offers health insurance, they are typically responsible for continuing to cover your health insurance premiums. However, it’s important to note that while they are expected to do so, there’s a possibility they may not fulfill this obligation. Additionally, it’s essential to understand that Georgia operates under “at-will” employment laws, which means that employees can be terminated for any reason, including filing for workers’ compensation benefits.

Can An Employer Cancel Your Health Insurance While On Workers Compensation?

An employer is generally not permitted to cancel an employee’s health insurance solely because the employee is on workers’ compensation. It’s important to understand that workers’ compensation and health insurance are separate coverages, and one should not affect the other. Therefore, an employer should not terminate an injured worker’s health insurance coverage while they are receiving workers’ compensation benefits.

How long can you be on workers comp in Georgia?

In Georgia, the duration of workers’ compensation benefits depends on the specific circumstances of your work injury. In some cases, you may be eligible to receive wage benefits for up to 400 weeks. Additionally, if you are able to return to work but only in a reduced capacity due to your injury, you may still qualify for workers’ compensation benefits if your injury limits your ability to work at the same level as before.

We Can Help You With Your Workers’ Compensation Case

If you’re dealing with a work-related injury or illness, you don’t have to go it alone. The law is structured to support you, and so are we. At our law firm, we’re committed to making sure you get the full range of benefits you’re legally entitled to. Don’t leave your financial future up to chance; consult with experienced legal professionals to guide you through this process.

At Deming Parker, we offer more than legal counsel; we offer a commitment to restoring your life and the security your family deserves. For a personalized consultation, contact us today.