Basic Training: Workers Compensation in Georgia for Temporary Disabilities
Workplace injuries can cause serious disruptions to an employee’s finances, career, and mental health. In Georgia, the law requires employers with more than 3 employees to purchase workers’ compensation insurance from a licensed insurer to provide workers’ compensation benefits to employees who sustain workplace injury or illness. Upon filing a successful claim, the insurance company pays for the medical expenses and lost wages of the employee.
Due to the fact that workers compensation is usually resolved between the employee, the insurance company and the workers compensation board, a small business employer rarely requires its own representation. However, an attorney may still be necessary when the employer lacks insurance coverage in the first place or when the employee commences litigation against the employer instead of filing and settling a workers compensation claim.
Thus, it’s necessary to understand the potential for liability.
The law provides benefits for categories of claimants who become totally or partially disabled on a temporary or permanent basis.
This article addresses Temporary Disability generally. It does not constitute legal advice nor does is substitute for reading the statute.
Temporary Total Disability
Under the law, employers must provide temporary total disability wage replacement benefits to employees who cannot work due to work-related injury or illness for at least seven (7) days in an amount of two-thirds of the average weekly pay she was receiving before the injury up to the allotted cap and until she shows “maximum medical improvement” or until seven and a half years (400 weeks) from the date of injury, whichever is earlier.
Employees with catastrophic injuries, such as severe burns, head injury, or paralysis, are exempted from this rule.
An employee can receive payment for the seven day elimination period if the employee finds herself incapacitated for 3 consecutive weeks following the injury.
It is important to know that the average weekly wage cap changes every July. As of July 1, 2019, the maximum weekly wage in Georgia is $675.
Temporary Partial Disability
If an employee has a temporary partial disability, it means she can come to work but cannot perform strenuous duties. As a result, the employer may give her light-work and the employee may receive a lesser amount than what she was earning before the injury. In such cases, the employers must provide temporary partial wage replacement benefits to the employee.
The employee would receive two-thirds of the difference between het average weekly pay before and after the injury. For instance, if the employee was earning $1200 per week, but now her earnings have reduced to $600, she can receive two-thirds of the difference ($400).
There is a cap on temporary partial disability benefits as well. As of July 1, 2019, the maximum is $450 per week.
Stay tuned for the next segment of this series which will address workers compensation disability benefits for permanently disabled employees.
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