Having a work related injury can be a devastating blow to both the injured person and the family. This is especially true when the injured worker is the sole bread winner. Not only will the family have to live with the new normal of an injured member of the family but also with the severe consequences of the loss in income and earning capacity.
Recently, we represented a client who had lost a limb due to a electric saw accident. He was in his early 20’s. To make it worse, his injury happened to his dominant hand. This injury was going to prevent him from playing the guitar, driving with two hands, doing a full duty heavy lifting job, and many more activities that we sometimes take for granted.
Despite the fact that the injury has completely changed this person’s life, the worker’s compensation system in Georgia does not pay pain and suffering.
I know what you are thinking…crazy right?
Georgia only pays three benefits.
First, if you are deemed to be out of work completely, you will receive two-thirds of your average gross weekly wage for the 13 weeks prior to the accident. This benefit will end in 400 weeks.
Second, you will receive a permanent partial disability payment calculated based on the disability the authorized treating physician assigns.
Lastly, you will receive 400 weeks of medical care so long as the authorized treating physician is recommending treatment.
That’s it! No pain and suffering. The prospect of the multi-million dollar settlement due to pain and suffering does not really exist in Georgia worker’s compensation system.
This doesn’t mean you cannot get a settlement. It doesn’t mean it won’t be a million dollars. Simply means that pain and suffering is not used to calculate the value of your case.
If you have been severely injured in a work related accident, you are not going to receive pain and suffering damages. Although the law does not compensate you for the pain and suffering you have received, you undoubtedly have pain and suffering. Do not go at it alone. Hire a competent attorney to make sure you receive all of the benefits you are entitled to and let the attorney help you receive a fair settlement.