Workers' Comp Benefits FAQs
Workers’ compensation in Georgia provides people with a variety of important benefits when they suffer injuries on the job. Many people, however, can be confused about what exactly they may be entitled to.
Do not panic if you do not fully understand your rights in a workers’ compensation case. Make sure that you take the time to speak to an experienced Atlanta workers’ compensation lawyer for help obtaining all of the money that you need and deserve.
Workers’ compensation will cover all of your medical bills related to a work injury. You are also entitled to payment of two-thirds of your actual weekly wage when you miss seven or more days of work.
When your injury results in you being unable to do any work, then weekly benefits will have to be paid until you recover from the injury or are released to full duty by a doctor. When you are put on light duty or you require a different job at lower pay to pay your bills, you could be entitled to partial disability benefits.
Death benefits and other types of compensation are also available in some cases. You can recover additional money by obtaining a permanent impairment rating after your injury.
Workers’ compensation will not pay for pain and suffering or emotional distress, as those considerations are paid in personal injury lawsuits. When a third party is responsible for your work injuries or had a role in causing a workplace accident, you could be able to file a lawsuit to get benefits other than the ones available under workers’ compensation.
Always consult an Atlanta workers’ compensation attorney for help determining if you are entitled to additional benefits. It can be complicated for people to try and handle these claims on their own.
You are entitled to weekly income benefits when you cannot work for more than seven days. The first check should be mailed to you within 21 days of the first day that you miss work.
When you miss more than 21 consecutive days, you should be paid for the first week.
You receive two-thirds of your average weekly wage but no more than $675.00 a week for an accident that occurred on or after July 1, 2019.
When an accident occurred on or after July 1, 1992, you are entitled to benefits for up to 400 weeks. When an injury is catastrophic in nature, you could be entitled to lifetime benefits.
In certain circumstances, benefits can be reduced after you have been released to return to work with limitations or restrictions. This is also true if you are released to return to work with no limitations or restrictions.
You receive weekly benefits based on the type and extent of the permanent disability. An authorized treating physician will determine ratings based upon Guides to the Evaluation of Permanent Impairment fifth edition, which is published by the American Medical Association.
You receive benefits based upon amounts set by law. The standard currently pays benefits for 225 weeks when a person loses an upper extremity (such as an arm, elbow, etc.) or lower extremity (leg, knee, etc.), 160 weeks for a hand, 60 weeks for a thumb, 40 weeks for an index finger, 30 weeks for a ring finger, 35 weeks for a middle finger, 25 weeks for a little finger, 135 weeks for a foot, 30 weeks for a big toe, 20 weeks for any other toe, 75 weeks for loss of hearing in one ear, 150 weeks for loss of vision, and 300 weeks for the whole body (meaning the neck, back, and multiple body parts at once).
Your dependents, which include your surviving spouse, children, or dependent stepchildren, receive two-thirds of your average weekly wage or a maximum of $675.00 per week for death on or after July 1, 2019. A widowed spouse with no children will be limited to a total amount of $270,000.00, unless they remarry or cohabitate in a meretricious relationship.
You will have to file a claim within one year of the date of your accident. You do this by filing Form WC-14, Notice of Claim/Request for Hearing/Request for Mediation, with the State Board of Workers’ Compensation (SWBC).
If you sustained severe injuries in a workplace accident in Atlanta, make sure that you have the necessary legal help. Parsons & Associates, P.C. serves communities all over Georgia and will be willing to do whatever it takes to make sure you are taken care of.
Our firm is diligent in its handling of these cases and has more than 25 years of experience handling worker’s compensation claims. Feel free to call us or contact us online so you can receive a free consultation that will allow us to really dig into the details of your case.