The injuries sustained in on-the-job accidents can be painful both physically and financially. Our Atlanta workers' compensation attorney notes that 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 include temporary disability payments and payment of related medical expenses.
Determining the Value of a Claim
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.
Temporary Total Disability Benefits
Under the Georgia workers’ compensation law, an injured employee who is unable to work because of a job-related injury may be eligible for temporary total disability benefits. TTD benefits generally equal two-thirds of the worker’s average weekly wage, subject to the maximum rate in effect on the date of the accident. For accidents occurring on or after July 1, 2023, the maximum weekly TTD benefit is $800.
For most non-catastrophic injuries, TTD benefits may be paid for up to 400 weeks from the date of injury. Workers with injuries classified as catastrophic may qualify for benefits beyond that period. The anticipated duration of future income benefits can also be one of several factors considered when evaluating a potential workers’ compensation settlement.
An injured worker’s average weekly wage is generally calculated using wages earned during the 13 weeks immediately preceding the injury when the worker was employed in substantially the same type of work during that period. If the worker did not work substantially the full 13 weeks, Georgia law may use the wages of a similarly situated employee. If neither method can reasonably be applied, the worker’s full-time weekly wage may be used instead.
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.
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