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Atlanta Workers’ Compensation Attorney – What Am I Entitled To If I Am Hurt On-The-Job In Georgia?

In Georgia there are basically two types of benefits;

  1. Medical benefits
  2. Income benefits

Medical Benefits

If you are injured on-the-job, you are entitled initially to medical care as it relates to your injuries, so long as your injuries are related to your job duties and are “in the course and scope of your employment”.

For example, if you are a heating and air technician and you are injured hauling trash (and that is not your job duty and you have never hauled trash prior to this injury) you would likely be denied workers compensation benefits because your injury was not in the course and scope of your employment.

However, if you are responsible to haul trash from the work site and you injure yourself in the process you would then qualify for workers compensation medical benefits as it relates to your on-the-job injury.

Income Benefits.

If you are injured and taken out of work by a medical doctor for more than seven (7) days consecutively, you may qualify for what is called income benefits or the benefits are also called temporary total disability benefits or temporary partial disability benefits.

Under the workers compensation system you do not get paid dollar for dollar your lost wages.  The computation that is used in Georgia workers compensation is they take your 13 weeks prior to the injury and average them, that is called your average weekly wage.

Then, you take 2/3rds of this number and it is capped currently at no more than five hundred twenty five dollars ($525.00) per week.

This calculation is often miscalculated by the insurance company and it is vitally important to your claim and your self maintenance that this number be calculated correctly.

Near the end of your workers compensation claim often times a doctor will issue you what is called an impairment rating.  This is based upon the AMA 5th edition book where the authorized treating physician determines what you can and can not do and the book will provide a rating or impairment.  That is called your permanent partial disability.  For more specifics on how this is calculated you should review the back of a form WC-2 which can be found on the State Board of Workers’ Compensation’s website.

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.

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