Benefits for Atlanta Workers' Comp Claims

Atlanta Workers' Compensation Attorney

What types of benefits may you be entitled to receive if you were injured on the job or in any type of workplace accident? An Atlanta workers' compensation lawyer can shed light on this topic for you, and we have also included some basic information to help guide you.

If you are injured on the job, you are entitled to all medical treatment that may be needed to relieve the effects and treat the injury. Under Georgia law, your employer has the right to choose the treating physician. You do have the right to a one time change in physician but this must be approved by your employer or its insurance company. Usually, they will approve a change if the doctor is listed on the panel of physicians. If there is no panel, then the employer is free to choose his own doctor. As an employee injured on the job, you are generally entitled to mileage reimbursement for trips to see your physician, physical therapist and to the pharmacy. If you must hire transportation, this can also be reimbursed.

Workers' Compensation Law

Workers' compensation law requires that an employer or its insurance carrier pay an injured employee two-thirds of the employee's gross average weekly wage up to the maximum of $500.00 per week. Generally, you can compute your average weekly wage by adding your gross wages (before any deductions) in each of the 13 weeks you worked prior to your disability date and dividing by 13. Your gross wages include any reimbursed or compensated food, housing, tips or other compensation you receive in your employment.

Categories of Disability Compensation Benefits in Atlanta

Temporary Total Disability ("TTD") is paid when the employee, due to an injury, is unable to engage in any type of substantial and gainful employment. Benefits are paid for the duration of the temporary total disability.

Temporary Partial Disability ("TPD") is paid when the employee, due to an injury, has her earning capacity impaired but she is not completely disabled from work. This means if you injured and are unable to earn a weekly wage equal to the wage you were previously earning, you are entitled to two-thirds the difference between your wage before and after the accident, but no more than $334.00 per week. Your employer is responsible for paying this benefit regardless of whether you are earning a lower wage with the same or different employer. You are eligible for these benefits for up to a maximum of 350 weeks.

Permanent Partial Disability (PPD) Benefits relate to your level of physical disability, not your earning capacity. An employee may be entitled to this benefit even if they never missed a day of work or lost any wages due to an injury. PPD is based entirely on a formula that takes into account your percentage of impairment (as determined by your doctor, not your employer), the part of the body impaired, and your compensation rate. However, PPD benefits will not begin until after an employee stops receiving weekly TTD or TPD payments.

Late Payments & Waiting Periods

Penalties in the amount of 15% for late payments may be owed if your employer does not pay your TTD, TPD or PPD benefits on time. This is true if your employer incorrectly denied you your benefits for a period of time, or if the employer is paying you your weekly benefits and misses a payment or mails it to you late.

Waiting period for receiving benefits is an initial 7 days if you are hurt unless the injury period lasts for at least 21 consecutive days. In other words, if you are out of work due to injury, your employer does not need to pay you any cash benefits until the 8th day of disability. If you are still disabled after 21 days, your employer must then go back and compensate you for the first week of your disability.

Find out more about what benefits you may be entitled to by contacting an Atlanta workers' comp attorney at our firm today.