Georgia Workers' Compensation Laws - When You Have a Claim
by: Alpharetta Workers' Compensation Attorney Casey W. Stevens
Georgia workers' compensation law can be complicated. Do you have questions about your Georgia workers' compensation claim? Contact our office today for a complimentary case evaluation.
In 1920 the Georgia Workers' Compensation Act was passed into law. This was the first law that provided the ability of employers to provide coverage against law suits brought forth by employees who were injured on the job. In 1972 Workers' Compensation Coverage became mandatory for all employers with 3 or more full or part time employees who worked mainly for a single employer. In 1975 and 1985 the Act was expanded to require coverage for the vocational and medical rehabilitation of injured employees. In 1992, the Act was revised to state that in the event of a catastrophic injury, the employer has 48 hours to provide a rehabilitation supplier after accepting a claim as a compensable injury.
The Georgia State Board of Workers' Compensation administer's the Act. The Governor of the State of Georgia appoints three board members to four-year terms. These board members (also called directors) have the responsibility of conducting hearings to determine if the injuries are compensable, how much the claimant should be awarded, and monitoring all claims for accuracy of payments during the duration of the claim. They also have the authority to hear fraud cases and levy fines against employees, employers/insurers and medical providers for violation of the Act.
Georgia Workers' Compensation Coverage provisions change every year or two. As of 3/12/2019, below are the coverage standards.
There are four types of disability according to the Act, total disability, temporary partial disability, permanent partial disability and catastrophic disability. Each of these categories has different standards of compensation.Total Disability
Total Disability has a required waiting period of 7 days before a claim can be filed, however the applicant can recover up to 21 days of compensation from the waiting period, once the claim is approved. These applicants can recover up to $575.00 per week or 66 2/3 of their weekly income 13 weeks prior to the accident, whichever is less. The minimum weekly benefit is $50.00, and they can collect benefits for 400 weeks.Temporary Partial Disability
Temporary Partial Disability has a weekly maximum benefit of $383.00 or 66 2/3% of their weekly income for a maximum of 350 weeks or $134,050.Permanent Partial Disability
Permanent Partial Disability has a maximum weekly benefit of $575.-- or 66 2/3% of the claimant's weekly pay.
The number of weeks a claimant can collect benefits is determined by the type of injury. For instance the loss of an index finger provides 40 weeks over coverage, while the loss of a hand provides 160 weeks of coverage.Catastrophic Coverage
There is no limit to the number of weeks a claimant can be compensated under the Total Disability Code.
There are other factors that weigh into what a claimant's total compensation will be, including medical payments, number of dependents and mileage paid to seek treatment. For more information on how to achieve maximum compensation for your workers' compensation claim, contact the Law Office of Casey W. Stevens for a complimentary case evaluation. 770-408-6364