All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.
Is there a time limit for how long I can receive workers’ comp benefits?
The length of time for which you can receive workers' comp benefits in Georgia depends on the nature of your injury.
Valuation of a workplace injury in Georgia is a complex and often hotly contested issue. Injured workers have a right to demand all of the coverage to which they believe they are entitled. Unfortunately, employers can work to deny or delay your claim by arguing that your injuries are less severe than reported or your employer has some defense to paying your claim.
Assuming you follow the 30-day notice obligation required by the Georgia Workers’ Compensation Act, the insurance company has 21 days in which they are allowed to investigate your claim. If you have missed seven consecutive days of work due to a workplace injury, then you are eligible to receive benefits. You will not get paid right away. Instead, you will receive your benefits for the first three weeks you are out of work in the first check. After that initial waiting period, you will receive your benefit weekly. Your workers’ comp pay will be 2/3s of your average weekly salary over the previous 13 weeks up to $575.00 per week.
Georgia’s Workers’ Compensation Act allows a temporarily but totally disabled employee to receive benefits for 400 weeks, which is 7 and 1/2 years. After 400 weeks elapses, then the worker will no longer receive benefits or will attempt to secure a permanent disability status. The family of a person killed on the job in Georgia would receive benefits for 400 weeks if the deceased worker had children. The spouse of a worker killed in a workplace accident will receive the same benefit but cannot exceed $230,000.00.