Are pain and suffering damages included in Georgia workers' compensation benefits?

Unfortunately, no. Although workers' compensation offers a number of benefits for individuals injured while fulfilling the duties of their employment, our Atlanta workers' compensation attorney notes that compensation for pain and suffering damages isn't among them.

This is because, like most states, Georgia's workers' compensation system only provides benefits related to an injured employee's economic losses.

These benefits may include:

• Medical treatment. If you were hurt on the job, your employer’s workers’ compensation insurer may pay for authorized medical treatment related to your workplace injury, including doctor visits, hospital care, physical therapy, prescriptions, and necessary travel expenses. Depending on the injury, medical or vocational rehabilitation may also be available.
• Wage replacement benefits. If your injury prevents you from working for more than seven days, you may be eligible for Temporary Total Disability benefits equal to two-thirds of your average weekly wage, subject to the maximum rate in effect on the date of your accident. For accidents occurring on or after July 1, 2023, the maximum TTD benefit is $800 per week. If your disability lasts more than 21 consecutive days, you may also receive benefits for the first seven days you were unable to work. Non-catastrophic TTD benefits may generally continue for up to 400 weeks from the date of injury.
• Temporary Partial Disability benefits. If you return to work but earn less because of injury-related restrictions, reduced hours, or a lower-paying position, you may qualify for reduced income benefits. For accidents occurring on or after July 1, 2023, TPD benefits are capped at $533 per week and may continue for up to 350 weeks from the date of injury.
• Vocational rehabilitation. Workers with catastrophic injuries may be entitled to assistance finding another job or learning how to perform different work. Vocational rehabilitation may also be provided voluntarily in some non-catastrophic cases, depending on the circumstances.
• Death benefits. If a worker dies as a result of an on-the-job accident, qualifying dependents may receive death benefits. These benefits generally equal two-thirds of the worker’s average weekly wage, subject to the applicable maximum. For deaths resulting from accidents occurring on or after July 1, 2023, the maximum weekly benefit is $800.

In most cases, Georgia workers’ compensation is the injured employee’s exclusive remedy against the employer for a compensable workplace injury. However, a separate third-party personal injury claim may sometimes be available when someone other than the employer or a co-worker caused the injury—for example, a negligent driver, property owner, contractor, or equipment manufacturer. A third-party claim may allow recovery of damages that are not available through workers’ compensation, including compensation for pain and suffering.

Consult an Experienced Georgia Attorney

Want to learn more about your rights after a workplace injury? Contact Rechtman & Spevak today to schedule an appointment for a free initial consultation.