How Much Will I Get Paid If I Am Out of Work Due To An On The Job Injury?

Georgia's workers' compensation law is set-up to replace your income (to an extent) if you are injured at work.   The amount you are entitled to receive while unable to work depends on multiple factors which we will discuss below.

Temporary Total Disability Benefits ("TTD")

If you are injured at work, and a physician says you are unable to work because of this injury, you are entitled to receive weekly temporary total disability benefits until you are cleared to return.  Additionally, if a physician places you under work restrictions or some type of modified duty work, and your employer does not have a job for you to perform within the restrictions, you are temporary total disability benefits until they accommodate your restrictions.

The amount you will receive depends on how much money you earned during the 13 weeks prior to being injured.  The employer is provided to calculate an "average weekly wage" based on your earnings for the 13 weeks prior to your injury.  If you receive temporary total disability benefits, you are entitled to receive 2/3 of your "average weekly wage" per week in benefits.  As of July 1, 2023, the maximum weekly benefit is currently capped at $800 per week.  The maximum weekly benefit cap has changed throughout the years, as demonstrated below.

For example, a worker who earns $600 per week is entitled to receive TTD benefits in the amount of $400 per week until they are able to physically return to work.  This is because $400 is 2/3 of  their pre-injury average weekly wage of $600.

Another example would be an injured worker who earns $2,100 per week.  Although 2/3 of their average weekly wage is $1,400, Georgia law caps the weekly benefit at $800.  So in this scenario, the injured worker would only be entitled to receive $800 per week in TTD benefits.

Temporary Partial Disability Benefits

If you are injured at work and are forced to work less or earn less due to the work injury, you are entitled to payment of temporary partial disability benefits.  You are entitled to receive temporary partial disability benefits until you:

1. Return to your regular, unrestricted job; or
2. Begin to earn the same amount of money you earned before your work injury, even if you are still performing restricted work.

Temporary partial disability benefits use the same 2/3 calculation, but you are only entitled to receive 2/3 of the difference in your pre-injury and post-injury wage.  For example, say an injured worker earned $1,000 per week before their work injury, and is now only able to earn $400 per week.  They are now earning $600 less per week due to their work injury.  As such, they would be entitled to receive weekly temporary partial disability benefits in the amount of $400 per week.  Temporary partial disability benefits are also capped at a maximum of $533 per week.  This cap has changed over time, as shown below.

If you or a loved one has been injured at work, give our lawyers a call today at 770-335-0355 for a free consultation.