Navigating the intricacies of Georgia's workers' compensation laws can be daunting. Understanding your rights and responsibilities under Georgia's workers' compensation system is crucial for both employees and employers alike. At SWS Accident & Injury Lawyers, we recognize the challenges individuals face when seeking compensation for work-related injuries. Our goal is to provide you with clear and comprehensive information about workers' compensation in Georgia, empowering you to make informed decisions about your case. From eligibility requirements to filing procedures and the benefits available, our team is here to guide you through every step of the process. Explore our detailed guide below to gain insight into Georgia's workers' compensation laws and learn how we can assist you in securing the benefits you deserve.
Understanding Workers' Compensation in Georgia
General Overview
Workers' compensation is a type of insurance which the State of Georgia requires employers to maintain. Although there are some small exceptions, in general, any employer who has 3 employees or more is required to carry workers' compensation insurance.
Workers' compensation is a no fault system. This means it doesn't matter whose fault it is that an employee is injured. As long as an employee was doing work for their employer at the time of an injury, they are covered.
Workers' compensation is also considered an "exclusive remedy." This means if you are injured at work, you're only recourse against your employer is through workers' compensation. You are not allowed to bring a claim for negligence or any other standard tort action.
Importance of Workers' Compensation Coverage
Workers' compensation insurance is important for both employers and employees. For employers, it protects them from the potential of a large verdict if a jury were to find them negligent for an employee's injury. It also allows them to properly budget, as the premium costs for coverage are made up front.
For employees, it provides certain minimal benefits and protections that may not be available to them under tort or common law.
Benefits Available Under Georgia's Workers' Compensation Laws
Income Replacement
There are 2 types of income replacement benefits in Georgia.
Both are available to an injured worker for up to 400 weeks following a work injury.
Temporary Total Disability Benefits ("TTD")
An injured worker is eligible for TTD benefits if a treating physician has stated the worker is unable to work due to a work injury, or if an employer is unable to accommodate work restrictions given to an injured worker by their treating doctor.
The amount of TTD benefits an injured worker will receive is equal to 2/3 of their average pre-injury wage.
TTD benefits are currently capped at $825 per week, not matter how much the injured worker earned prior to being injured.
Temporary Partial Disability Benefits ("TPD")
An injured worker who earns less money due a work injury is entitled to TPD benefits.
This can be the result of limits on the amount of work prescribed by a physician, or an employer's inability to provide enough light duty work to equal the work performed pre-injury.
The amount of TPD benefits an injured worker will receive is equal to 2/3 of the difference in post injury and pre-injury wages with a weekly cap of $533 per week.
Permanent Partial Disability Benefits ("PPD")
If after receiving all of the recommended medical treatment recommended by a treating physician following a work injury, an injured worker you continues to suffer a disability to the injured body part, the treating physician will issue a PPD or disability rating.
This rating is converted to a monetary figure which is paid to the injured worker.
Medical Benefits
If someone is injured at work, workers' compensation insurance is required to pay for 100% of all reasonable and necessary medial treatment required to return the injured worker to their pre-injury condition.
Medical benefits are also available for up to 400 weeks following a work injury.
If an injury requires the insertion of hardware, the hardware is covered by workers' compensation for the life of the injured worker. So if the hardware ever malfunctions or needs to be replaced, it is the insurers responsibility to pay for it.
Death Benefits for Dependents
In the event a worker is killed at work their dependents are able to recover the benefits owed to the injured worker.
These benefits can last 400 weeks, or more, if the dependent is a minor.
A minor dependent can receive benefits until they are 18 years of age, or 22 years of age if they are a full time student.
Understanding the Role of a Lawyer in Georgia Workers' Compensation Cases
Benefits of Hiring a Georgia Workers' Compensation Lawyer
Workers' compensation is a specialized area of law.
It is constantly changing, as it is updated almost yearly by the legislature.
Due to the no-fault system and limited benefits, many non workers' compensation lawyers do not fully understand the intricacies of properly handling a workers' compensation case.
Contingency Fees and Payment for Legal Representation
Workers' compensation lawyers work on a contingency fee basis.
In other words, you do not pay a workers' compensation lawyer unless they successfully win compensation for your injury.
The percentage a workers' compensation lawyer can charge is capped by law at 25%.
This is compared to the 33-40% percentage in a personal injury or tort case.
It is important to talk to a workers' compensation lawyer as soon as possible following a work injury in order to protect your rights and secure the benefits you are entitled. If you or a loved one has been injured at work give us a call today at (770) 214-2500 for a free consultation.
