When you are hurt on the job, the first and most important thing you need to do is notify your employer and or supervisor and let them know you have been injured. If you need medical care you should ask for it immediately. Under Georgia workers compensation, you are entitled to :
1. Medical benefits, for treatment of an injury which occurred in the course and scope of your employment.
2. Temporary total disability/ temporary partial disability benefits if you are taken out of work for more than seven days by an authorized treating physician.
3. Permanent partial disability if you are determined to have a permanent impairment rating by an authorized treating physician.
These three items are the main benefits in a workers compensation claim.
Medical benefits are pretty self-explanatory, that is medical treatment as it relates to your work injury. There are many rules as to what doctors you can see and what diagnostic test can or can not be performed so it is best to contact a lawyer who works in the field of workers compensation so that they may counsel you as to your legal rights.
Temporary total disability/temporary partial disability benefits
TTD and TPD benefits are also known as income benefits or weekly checks. If a doctor takes you completely out of work for seven days you may be entitled to temporary total disability benefits. These benefits are not your pay prior to your work accident. In fact to calculate your benefits, the employer/insurer will take the thirteen weeks prior to your incident (if you worked that long) and average the pay, after that they take two-thirds of the average weekly rate not to exceed $525.00 per week and that is known as your comp rate. That is also your payment on your weekly checks if you are taken out of work completely.
If you are put on light duty work or restricted duty work and your employer has light duty work for you, but at a different rate of pay you may be entitled to temporary partial disability benefits. Contact a workers compensation attorney as this calculation can be case specific.
Permanent partial disability
Permanent partial disability benefits are usually benefits paid once a doctor has issued a permanent impairment rating. This is also a monetary benefit, the value is determined by taking the comp rate determined above, multiply that number by the impairment percentage issued by the treating physician and then multiplied by the body part that was injured (this number can be found on page 2 of a WC-2 at the State Board’s Website or http://sbwc.georgia.gov/00/channel_modifieddate/0,2096,11394008_12593887,00.html).
Be informed. Be aware. Be prepared.
Ty Wilson is a Georgia workers compensation attorney, with offices in Savannah and Atlanta, who provides free information to the injured and the families of the injured. Visit tywilsonlaw.com to order his FREE Georgia workers compensation “Special Reports” and to read his many articles and to watch his videos.
If you have specific questions for a workers compensation attorney in Georgia, give Ty at call 912-508-4711 in Savannah or 770-948-5454 in Atlanta.