What's my workers' comp claim worth?

workplace_injuryThe injuries sustained in on-the-job accidents can be painful both physically and financially. Injured workers may face unexpected debt while they are unable to work as they wait for their injuries to heal.

Fortunately, in Georgia, injured employees are eligible for workers' compensation benefits, which includes temporary disability payments and payment of related medical expenses.

Workers' compensation settlements have to be agreed upon by the injured worker and the employer and their insurer.  If all parties don't agree, then there is no settlement.  The value of workers' compensation claims varies and depends on a number of factors, including:

  • Severity of the injury
  • Amount of the injured employee's weekly benefits
  • How long the employee is expected to be disabled from working
  • Past and estimated future medical costs
  • Age of the injured worker

The more serious an injury, the more likely it is to require continuing medical treatment and significant future time off from work. The greater these anticipated costs, the more valuable the claim. As a result, workers with claims involving severe or catastrophic injuries tend to receive larger settlements than employees with relatively minor injuries.

Under Georgia's Workers' Compensation Law, injured employees are entitled to collect temporary total disability benefits equaling two-thirds of their average weekly pay (before taxes are deducted) each week for as long as their injuries prevent them from returning to work.  The injured worker can receive these benefits for up to 400 weeks, or for the rest of their life if their claim has been deemed catastrophic.  Again, the longer you and the insurer believe you will be entitled to continuing income benefits, the more the case will be worth in settlement.

An injured worker's average weekly wage is calculated based on the employee's pay for the previous 13 weeks. Individuals employed fewer than 13 weeks are compensated based on the average weekly wage of a similar employee who works in the same position for the employer as the injured worker. The maximum benefit rate is set by the Georgia legislature. Currently, the maximum benefit payable to injured workers in Georgia is $575 per week.

Consult an Experienced Workers' Compensation Lawyer

If you were injured on the job, you may have questions about the value of your case or the workers' compensation benefits to which you're entitled. The knowledgeable workers' compensation lawyers at Rechtman & Spevak have extensive experience helping injured workers. Our skilled legal team is happy to answer your questions and address your concerns to ensure you understand your rights, as well as all the options available to you.

Contact our Atlanta law office today to schedule an appointment for a free initial case consultation.