On-the-job injuries are a serious problem. The CDC estimates that about 1.8 million people in the US suffer injuries at work each year, with slips, trips, and falls accounting for about 18 percent of these accidents. Many injured workers find themselves wondering who is going to pay for medical bills and missed time at work. In most cases, these expenses should be covered by worker’s compensation insurance.
Worker’s compensation is a no-fault system designed to help injured workers with medical bills and lost wages. Any Georgia business with at least three employees is legally required to provide workers’ compensation insurance for its workers. This insurance covers full-time and part-time employees from your first day of employment – there’s no waiting period. How long it lasts depends on your injuries, their severity, and whether or not your doctor has released you to return to work. In this article, we’ll discuss how long it might last in some common situations, and what else you need to know about worker’s compensation.
Attorney Al Awad founded the CEO Lawyer Personal Injury Law Firm only a few years ago and rapidly transformed it into the fastest-growing law firm in the country. We now have a devoted staff ready to investigate your case and fight for your worker’s compensation benefits. If you or a loved one are struggling with a Georgia worker’s compensation claim or are unsure what to do when your benefits end, please contact us for a free consultation.
How Long Can You Be on Worker’s Comp?
Depending on how badly you were injured, you can be on worker’s compensation for up to 400 weeks under Georgia law. However, if you suffered certain permanent or total disability injuries, such as some cases of paralysis or brain injuries, you may be eligible for lifetime payments. It is not easy to get approved for lifetime payments, but a qualified worker’s compensation attorney can help ensure your paperwork is submitted correctly, completely, and on time.
What Are Worker’s Compensation Medical Benefits?
In most cases, you will receive medical benefits – your medical bills related to your work injury will be paid – for up to 400 weeks. Usually these benefits end when your treatment is completed, or your doctor believes there is nothing else they can do. Sometimes this is referred to as “maximum medical improvement,” or MMI.
In order to receive these medical benefits, you must go to a healthcare provider approved by your employer. For this reason, the HR department is expected to provide you with a list of six doctors to choose from, or the contact info for a Worker’s Compensation Manage Care Organization (WC/MCO). If your company’s HR supervisor can’t or won’t provide you with this information, or seems unwilling to help you access your medical benefits, call a workers’ compensation lawyer right away. Even if you have received this information from the HR department, make sure that you also report your injury in writing to your supervisor in case they forget that it happened.
What Are Lost Wage Benefits?
Temporary lost wage benefits, or Temporary Total Disability (TTD), are paid if you miss more than seven days at work and are calculated based on your typical weekly wages, as well as a maximum amount determined by average wages in the state. You should receive about two-thirds of your average weekly pay, up to a maximum amount that is currently $725 per week. (The maximum rate is subject to change.) If you are out of work for more than 14 days, you can be paid retroactively for the first seven days that you missed.
To receive lost wage benefits, you’ll need documentation from your doctor stating that you’re unable to work for a period of time or until your condition changes. You may need to go see the doctor again before they will approve you to return to work. Be sure to keep all of your medical appointments for your work injury.
Your doctor has two options – they can write you out of work entirely or put you on “light duty” restrictions. Restrictions are based on your injuries and often involve limits for how much you can lift or how much physical activity you can do. Depending on your work circumstances, you may be able to do paperwork or some sort of desk job until you’re better, or there may be nothing you can really do at work due to your restrictions. If your employer can’t accommodate these restrictions – if there are no “light duty” tasks available – they can pay you lost wage benefits at two-thirds of your usual pay rate until you’ve recovered.
What You Should Know About Light Duty Work
If your employer offers you a light-duty job, you do have to take it in order to be eligible for your wage benefits. However, if this job has a lower pay rate than your usual job, you can seek lost wage benefits even though you will still be working. In this situation, you will receive two-thirds of the difference in pay between the jobs.
What If You Can’t Return to Work After 400 Weeks?
400 weeks is the maximum amount of time you can collect lost wage benefits, although most people are able to return to work sooner than that. What if you’re not? If you’re still unable to work at your old job after 400 weeks, it’s possible you’ve suffered a permanent disability.
Your doctor may decide you’ve reached MMI within 400 weeks, and they might also give you a physical impairment rating if you’re still unable to do any of your usual activities. The doctor’s rating is based on the Guides to the Evaluation of Permanent Impairment Fifth Edition, published by the American Medical Association. It will be important if you apply for permanent disability later.
If you’re approaching 400 weeks and your doctor hasn’t mentioned MMI or an impairment rating, make an appointment and ask what other treatment options are available to further improve your condition. Be sure to explain to the doctor exactly what symptoms you still have and how they have affected your ability to do your job should you return. If the doctor says they’ve done everything possible to treat your condition, ask them if they believe you’ve reached Maximum Medical Improvement. If so, request an impairment rating or any tests that are necessary to determine your level of impairment.
Once you have a response from your doctor, you may be able to apply for permanent partial or total disability benefits. The paperwork you’ll need to submit for PPD or PTD is complex, and many claims are denied. Your best chance at receiving a positive response begins with engaging a Georgia worker’s compensation attorney. Our team knows all the difficulties of the worker’s compensation system and will work to overcome them.
Contact Your CEO Lawyer Personal Injury Law Firm Worker’s Compensation Lawyer Today
If you have questions or concerns about your worker’s compensation claim, the CEO Lawyer Personal Injury Law Firm is here to help. Contact us any time for a free, no-obligation consultation to learn more about your options. You can call us at (470) 323-8779 or visit us online. If we take your case, we won’t charge you anything until we achieve a settlement.
