Do You Get Full Pay if You’re Injured at Work?

If you’re injured at work, you are likely eligible for workers’ compensation benefits through your employer. When your injuries are serious enough to prevent you from returning to your job for a certain period, you should be able to receive a certain percentage of your normal paycheck as compensation.

You should know that no matter what the insurance company offers you, you may have other options. If the initial offer is not enough, a workers’ compensation lawyer in Atlanta can help you seek a settlement that better covers your medical treatment costs.

What Type of Comp Benefits Can an Attorney Help Me Win After an Injury at Work?

There are typically four types of benefits a successful Atlanta personal injury lawyer will pursue on your behalf after suffering a work-related injury:

• Compensation coverage
• Permanent impairment benefits
• Medical benefits
• Rehabilitation support

The benefits you receive will depend on the details of your work-related injuries and how they impact your ability to work.

Weekly Workers’ Compensation Benefits

If your job injury prevents you from working for more than seven days, you should be eligible for weekly compensation benefits. Under Georgia compensation laws, these are paid at two-thirds (or 66%) of your average weekly wage (AWW) and cap out at $575 per week (Georgia Code §34-9-261). This amount may vary in other states, and the weekly cap can change per year.

Your AWW is calculated by figuring your average earnings over a certain number of weeks prior to your work injury.

So, workers’ compensation benefits do not provide full pay while you’re away from work for your injuries—but they do account for two-thirds of your regular wage.

Partial Disability Payments

If you have a partial disability, meaning your medical condition limits you to perform light or part-time work, your benefits will be calculated slightly differently. What you receive would be calculated by subtracting your current earnings (or earning capacity) from your previous AWW. Then, that number would be multiplied by two-thirds.

For example, if you were previously making $1,000 per week and can currently earn $600, the difference would be $400, and two-thirds of $400 would be $240 per week for partial disability benefits.

How Long Will I Get Paid Work Injury Compensation Benefits in Georgia?

The amount of time you can receive these weekly benefits depends on the severity of your disability. Your job-related injuries must be classified as:

• Temporary or permanent injuries
• Total or partial disability

This means you could have a:

• Temporary total disability or temporary partial disability where your workplace injuries are still recovering and you’re expected to get better
• Permanent total disability or permanent partial disability where your condition is not expected to improve

What Is the Difference Between Permanent Disability Benefits vs. Temporary Disability Benefits in Georgia Workers Compensation Claims?

When it comes to worker’s comp claims in Georgia, permanent disability benefits and temporary disability benefits have distinctive differences. These two forms of compensation play a crucial role in supporting injured workers during their recovery process. 

Temporary Disability Benefits: Navigating the Road to Recovery

Temporary disability benefits are designed to provide financial assistance to workers who are temporarily unable to perform their job duties due to their workplace accident. Whether it’s a broken bone, a sprain, or a strain, these benefits act as a lifeline during the healing period.

Think of this comp benefit as a bridge between the time of the work-related accident injury and the worker’s return to work. With temporary benefits, injured workers you’ll receive a portion of your average weekly wage during the days of disability. These benefits typically cease once your treatment plan has been fully completed and you can resume work duties.

Permanent Disability Benefits: Charting a New Course

On the other hand, permanent disability benefits serve a distinct purpose in Georgia worker’s compensation claims. They come into play when an injured worker has reached maximum medical improvement (MMI), meaning their condition has stabilized and is unlikely to improve significantly.

In such cases, permanent disability benefits provide compensation for the long-term impact of the injury on the worker’s ability to earn a living. These benefits acknowledge the permanent loss of physical or mental function and aim to provide financial support for the worker’s future.The Summary of State Board of Workers’ Compensation Provisions provides benefits depending on which body part is affected.

Permanent disability benefits fall into the two categories mentioned previously: partial disability benefits and total disability benefits. Partial disability benefits are calculated based on your impairment rating and other factors. Total disability benefits are awarded weekly as a wage replacement.

Timeline for Weekly Payments After a Work Injury

Depending on how seriously you were injured, you might qualify to receive weekly workers’ compensation for up to 400 weeks from the date of your injury. Otherwise, you may continue to receive benefits until you are able to return to work.

Other Pay You Can Receive if You Were Injured at Work

If you are injured at work, you are entitled to have any necessary medical treatment paid for. This includes costs or transportation to and from appointments and vocational rehabilitation if you are unable to return to your previous job.

However, it’s common to run into issues if your employer or the insurance company believes your treatment has gone on too long or the treatment you’re receiving is not acceptable, such as alternative treatments.

If the insurance company thinks your treatment is not necessary or reasonable, they may refuse to pay for it. You would then need to fill out a WC-14 form with the Georgia State Board of Workers’ Compensation. It’s also a good idea to consult with a workers’ compensation attorney who can help you fight for your rights.

What Are My Legal Rights if Injured at Work in Georgia?

You are legally allowed to pursue a workers’ compensation claim without fear of retaliation from your employer. A workers’ compensation lawyer can ensure your legal rights are protected against your employer and their insurance company. These rights include:

• Your right to file a workplace injury claim for your injury or illness in workers compensation court or Georgia civil court
• Your right to medical treatment
• Your right to return to your job if you are released to return to work by your physician
• Your right to disability compensation if you are unable to return to work, whether permanently or temporarily, because of your injury or illness
• Your right to appeal the decision of your employer, their insurance company, or the court
• Your right to be represented by an attorney

In understanding your rights, as an employee, it is also important to understand your right to refuse certain requests or offers. For example, if your employer encourages you to use your own health insurance or offers you some incentive in an attempt to persuade you against filing a workers compensation claim, you have the right to say, no.

What Damages Am I Compensated for if I Get Injured at Work?

Workers’ compensation in Georgia will only cover a portion of your damages from the accident, and it’s likely the extent that you need or are eligible to receive. A lawyer can make sure you do not overlook any recoverable damages, will calculate your total compensation, and help you collect money for:

• Medical care, such as supplies, surgery, and medications
• Income lost, past and future
• Pain and suffering, including emotional trauma
• Loss of consortium
• Loss of enjoyment

Need to Talk to a Workers’ Compensation Lawyer for Free?

After being injured at work, you have the right to seek benefits from your employer’s workers’ compensation insurance. While workers’ comp may not pay the full amount you were making before, it should cover a portion of your weekly pay, and you may be able to seek higher compensation through a settlement.

Our workers’ compensation lawyers at John Foy & Associates can help. Contact us today for a FREE consultation to go over your case and the best options for you.