Workers’ Compensation Lawyers

The workers’ compensation system can be frustrating, tricky, and downright unfair to many injured workers. An unfortunate realty of workers’ comp law is that insurance carriers providing workers’ compensation do what they can to avoid responsibility and paying employee benefits. There are pitfalls that inexperienced workers (and attorneys) can fall into that will leave injured workers without the medical benefits and lost-wage payments that they are entitled to. Experienced workers’ compensation lawyers working with Stay Strong, LLC will help you get the medical treatment and care that you need to recover after an on-the-job injury and get you the payments that you are entitled to as a result of your injury.

If you have been injured, you’ll quickly realize that your workers’ compensation case consists of some much more than simply getting a check until you are physically able to return to work. When you are in the workers’ compensation system, your medical treatment and compensation are provided by a workers’ compensation insurance company. And it is critical that you have a skilled, attentive, and caring workers’ compensation attorney on your side to advocate for and to you help you through this case. Many workers’ compensation cases take a good amount of time to settle, and the process of getting to a settlement can be frustrating. The workers’ compensation lawyer that you choose can make a huge difference in how smoothly you get to a settlement.

Communication With Your Workers’ Compensation Lawyer Is Essential

Too often, injured workers do not know what is happening with their workers’ compensation case. They do not know what their lawyer or their office is doing (or not doing) on their case, and the lawyer does not help the injured worker understand what is happening with their case or how they can help with resolving the case.

Many injured workers do not have a basic understanding of how their workers’ compensation case will be handled and, ultimately, resolved. Too many lawyers do not take any time to explain how the workers’ compensation system functions, and, as a result, many injured workers do not even know what state agency oversees the resolution of their claim. Your workers’ compensation case is overseen by a semi-judicial agency known as the State Board of Workers’ Compensation. The Social Security Administration, Department of Labor, and the Occupational Safety and Health Administration (OSHA) may be involved in your injuries at some point in time, but those agencies are not directly involved in your workers’ compensation case. Likewise, other insurance coverage, such as disability insurance policies, may provide some coverage for your injuries and provide assistance with medical care and wage replacement, but those policies provide coverage outside of the State Board of Workers’ Compensation.

From the outset, the workers’ compensation attorney that work with Stay Strong, will work to help you understand your case and the process. Many workers employed by smaller companies are understandably concerned about whether there is a workers’ compensation coverage for their injuries, so one of the first things that we will do is confirm that will do is confirm that coverage exists for your claim. It is important to know whether the employer is self-insured or insured by a third party. Then, we will establish the claim with the carrier and notify the State Board of Workers’ Compensation of our representation of you in the case.

In connection with establishment of your claim, we’ll begin to help you navigate the workers’ compensation medical care process. Unlike treatment under your health insurance, you do not get to choose the medical care providers that are available to you, but you also do not owe premiums or deductibles for the medical care. The medical care providers, physical therapists, doctors, chiropractors, and other professionals available to provide treatment for you should be listed with a state agency known as the workers’ compensation board. These medical care providers are typically paid in accordance with an agreed upon fee schedule, but with some guidance and care, your workers’ compensation lawyer can help get you to specialists that will help you get quality medical treatment. Our workers’ compensation lawyers will help you understand who the available medical care providers are.

What types of injuries are covered by the Georgia Workers’ Compensation plan?

Any injury, illness or death arising out of and in the course of employment is considered “compensable” and covered by Georgia workers’ compensation plan. If a worker is hurt or injured while doing job-related duties during assigned work hours, they are covered under the Georgia workers’ compensation program. Generally speaking, if you were hurt and that injury was related to your work, you should provide timely notice to your employer of your injury and consult with a workers’ compensation attorney about whether the injury is compensable under the Georgia workers’ compensation program.

Temporary Partial Disability Claims Under Georgia Workers’ Compensation Law

Compensation for a temporary partial disability under Georgia workers’ compensation law is covered by OCGA § 34-9-262. This provision addresses situations where a workplace injury leads to a temporary reduction in the ability to work, but not a complete inability to work for injured workers.

Temporary partial disability compensation involves the following key points:

Nature of Disability: Temporary partial disability occurs when a work-related injury causes a partial but temporary decrease in the employee’s ability to work. This means the injured individual can still work in some capacity but is earning less due to the injury’s impact on their work performance.
Weekly Benefits Calculation: According to the law, the employer is required to pay the employee a weekly benefit. This benefit is calculated as two-thirds of the difference between the average weekly wage the employee earned before the injury and the average weekly wage they are capable of earning after the injury.
Maximum Benefit: However, the weekly benefit paid by the employer cannot exceed two-thirds of the state’s average weekly wage or $533.00 per week, whichever is lower.
Duration of Benefits: These temporary partial disability benefits are provided for a specific period. The compensation is payable for up to 350 weeks from the date of the injury. This means that the injured employee may receive these benefits until they have fully recovered, or until the 350-week limit is reached, whichever comes first. It is important to distinguish catastrophic injuries because the number of weeks that benefits are available is not applicable to catastrophic workers’ comp claims.

It’s important for workers to understand that temporary partial disability benefits are intended to provide financial support during the recovery process when they can still work but are earning less due to their injury. If there are any questions or concerns about eligibility, benefits calculation, or the claims process, it’s advisable to seek guidance from legal professionals experienced in workers’ compensation law.

Temporary Total Disability Workers’ Compensation Claims

Under Georgia workers’ compensation law, a temporary total disability (TTD) refers to a type of disability that prevents an employee from working temporarily due to a work-related injury or illness. During the period of temporary total disability, the injured worker is unable to perform their regular job duties but is expected to recover and return to work once their condition improves.

If a worker sustains a temporary total disability due to a work-related injury, the employer is required to pay the employee a weekly income benefit (TTD benefits). This benefit is calculated as two-thirds of the employee’s average weekly wage, with a maximum cap of $800.00 per week and a minimum payment of $50.00 per week. If the injured employee’s average weekly wage is below $50.00, they will receive a benefit equal to their actual average weekly wage from the date of injury.

The number of weeks these income benefits are available is limited to a maximum of 400 weeks from the date of the injury. However, in the case of a catastrophic injury (as defined in subsection (g) of Code Section 34-9-200.1), the weekly benefits will be paid until the employee experiences a change in condition for the better, as provided in paragraph (1) of subsection (a) of OCGA 34-9-104.

It’s important to note that temporary total disability is distinct from permanent disability, where the employee’s injury or medical condition results in a long-term or permanent impairment that may affect their ability to work in the future. It is almost important to distinguish between temporary total disability and and temporary partial disability, and in order to reduce or eliminate temporary total disability benefits paid to an injured worker, the employer or workers’ compensation insurance company must comply with the statutory procedure for doing so.

In handling temporary total disability claims, those injuries will frequently transition to permanent partial disability claims and there are separate workers’ compensation benefits available to those workers.

Permanent Partial Disability Workers’ Compensation Claims Under Georgia Workers’ Compensation Law

Permanent partial disability (PPD) and the compensation statutorily required under Georgia law for them are outlined in OCGA § 34-9-263. Georgia law distinguishes between temporary total disability claims, permanent total disability claims, temporary partial disability claims, and permanent partial disability claims. A permanent partial disability under Georgia workers’ compensation law is characterized by a lasting reduction in physical capacity resulting from the loss, loss of use, or partial loss of use of body parts. It is critical that your workers’ compensation attorney understands these variations of workers’ compensation claim. It is also critical that the attorney handling your workers’ compensation case is aware of and considers potential personal injury claims that you may have as a result of your on-the-job injury.

The law specifies the following key points:

Payment of Benefits: Employers are required to provide weekly income benefits to employees who have experienced permanent partial disability. These benefits are determined by a set schedule, regardless of whether the employee has suffered financial losses due to the injury.
Interaction with Temporary Total Disability Benefits: If an employee is receiving benefits under this section and becomes eligible for temporary total disability benefits under Code Section 34-9-261 or 34-9-262, payments under this section will stop until the employee’s condition changes again.
Schedule of Income Benefits: The amount of income benefits is calculated as two-thirds of the employee’s average weekly wage. The number of weeks for which benefits are paid depends on the percentage of bodily loss or loss of use, multiplied by a specified maximum number of weeks for each body part. The schedule includes body parts such as arms, legs, hands, feet, fingers, toes, ears, and eyes.
Impairment Ratings: Disability or bodily loss ratings are determined using the “Guides to the Evaluation of Permanent Impairment, fifth edition,” published by the American Medical Association.
Loss of Multiple Major Members: If an individual loses both arms, hands, legs, feet, or any combination of these major body parts, or experiences permanent total loss of vision in both eyes, there is a presumption of permanent total disability that can be compensated as provided in Code Section 34-9-261.

State of Georgia Workers’ Compensation Lawyer

If you are an employee of the State of Georgia, there is a specific process that workers’ compensation claims made against the State must follow. It is critical that your workers’ compensation lawyer knows how claims against the State of Georgia are administered and handled by the Georgia Department of Administrative Services.

Exemptions From the Georgia Workers’ Compensation System

There are some employers that operate within the State of Georgia that are exempt from the State of Georgia’s workers’ compensation system and requirements. That does not mean that workers injured while working for these employers are not eligible for health care or lost wage replacement, but it does mean that those employees cannot look to the Georgia Board of Workers’ Compensation to address their claims. Unfortunately, many employees do not receive any notification of their employer’s status until after their injury.

What types of employers are exempt from Georgia workers’ compensation requirements? A common example of workers who generally do not have workers’ compensation coverage are farm laborers and agricultural workers.