The Duration of Workers' Compensation Benefits Under Georgia Law


November 29, 2018

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. 

Injured workers may return to work before the 400 weeks elapses but at a position which pays less or has fewer hours available. In that instance, the employee may receive 350 weeks of limited compensation calculated at 2/3s of the difference between the average weekly salary before the injury and the current rate of pay. 

Permanent and catastrophic injuries receive different treatment under the Georgia Workers' Compensation Act. If your doctor determines that you suffered a permanent injury that is not a total loss like the amputation of a hand, then the doctor will assign a rating to you. That rating will entitle you to receive additional benefits. Workers who suffered catastrophic injuries like the loss of eyesight in both eyes, lost two limbs, sustained a permanent brain injury, or other serious injuries can receive benefits for life. 

Montlick & Associates, Attorneys at Law, is an Atlanta-based plaintiffs'law firm who employs sophisticated, intelligent, and skilled workers' compensation lawyers to represent injured workers all across Georgia proudly. For over 35 years, Montlick & Associates' workers' compensation attorneys have fought day after day to protect the rights of their clients injured while at work.  Our lawyers treat each case as if it was their personal claim. The personal touch makes all of the difference for our clients who deserve workers' compensation benefits for losses they have suffered at work in Georgia.

Put Our Law Firm's Over 35 Years Of Legal Experience To Work For Your Case!

If you have been injured in any type of accident at work, call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates, Attorneys at Law has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over 35 years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta,  Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour live chat.

Montlick & Associates, Attorneys at Law

17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (800) LAW-NEED
Telephone: 1 (404) 529-6333

Sources:

Montlick WC form and https://sbwc.georgia.gov/law

http://www.workerscompattorneysatlanta.com/Workers_Compensation/Frequently_Asked_Questions.aspx


Please Note:
Many of our blog articles discuss the law. 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.