Georgia Workers Compensation Income Benefits

Under Georgia law, an injured employee is eligible to receive two types of benefits- income and medical.  I will discuss medical benefits in a separate article.  This article will deal with the types of income benefits available to injured employees in Georgia.

Temporary Total Disability (TTD) Benefits

An injured employee with no income from work may be eligible for temporary total disability (TTD) benefits.  In order to qualify for TTD benefits, the injured employee must prove: 1) that the injured employee suffered an on-the-job accident which qualifies for benefits under the Georgia Workers Compensation Act and 2) that the injured employee is totally disabled from working due to the accident.

Even if an injured employee is not totally disabled from work due to the accident, but instead is capable of returning to work with physical limitations, in some instances, the injured employee may still be eligible for TTD benefits.  Generally, one of the three following scenarios could lead to an injured employee on restrictions, but not working, receiving TTD benefits:

1. The employer of the injured employee is not providing restricted duty work, but the injured employee has not been terminated
2. The employer of the injured employee has terminated the employee due to the on-the-job accident or work restrictions
3. The injured employee was terminated by the employer for reasons unrelated to the on-the-job accident, but has since performed a “diligent, but unsuccessful” search for suitable work with other employers and the on-the-job accident is the "proximate cause" for the injured employee being unable to find suitable employment with other employers (although the State Board may, but is not required, to infer that the other employers would not hire the injured employee due to the accident).

TTD Payments

For TTD weekly benefits, an injured employee is paid 2/3 of his average weekly wage (based on the 13 weeks prior to the accident) up to the statutory maximum.  If the accident occurred on or after July 1, 2007, the statutory maximum for TTD benefits is $500.00 per week. 

TTD Caps on Duration

The maximum length of time that an injured employee may receive TTD benefits is 400 weeks from the date of accident.  If the State Board designates the claim as catastrophic, then the 400-week cap does not apply.  There are a number of ways that TTD benefits can be ended prior to 400 weeks from the date of accident such as if:

1. The injured employee does not cooperate with medical treatment
2. The authorized treating physician (ATP) releases the injured employee to return to work without restrictions
3. The injured employee is offered work which is suitable for his restrictions
4. The injured employee actually returns to work
5. The injured employee has undergone a "change in condition" for the better
6. The injured employee has been released to return to work for 52 consecutive weeks (or 78 aggregate weeks) by the ATP, then the injured employee may be converted to TPD benefits
7. The claim is resolved by a settlement between the parties.

Temporary Partial Disability (TPD) Benefits

The requirements for receiving temporary partial disability (TPD) benefits are very similar to the requirements for TTD benefits listed above. TPD benefits are intended to compensate the injured employee who returns to work, but is earning less income than before the accident due to the on-the-job accident. 

An injured employee is eligible to receive 2/3 of the difference between the pre-injury and post-injury average weekly wages up to the statutory maximum.  If the accident occurred on or after July 1, 2007, then the statutory maximum is $334.00 per week.  An injured employee may receive TPD benefits for up to 350 weeks from the date of accident.  Many of the same methods for ending TTD benefits discussed above apply to ending TPD benefits earlier than 350 weeks from the date of accident.

Permanent Partial Disability (PPD) Benefits

An injured employee may receive permanent partial disability (PPD) benefits even if the injured employee continues working and never loses sufficient income to qualify for TTD or TPD benefits.  Indeed, an injured employee may not receive PPD benefits while simultaneously receiving TTD or TPD benefits.  PPD benefits are intended to compensate the injured employee for permanent loss or lost use of the whole body (e.g. a back injury) or specific body part(s) due to the on-the-job injury.  A schedule in O.C.G.A. § 34-9-263 lists the maximum number of weeks that an injured employee can receive PPD benefits for the whole body or specific body part(s) affected by the injury. 

The amount and statutory maximum of weekly PPD benefits is calculated in the same method as that of TTD benefits discussed above.  The calculation of the number of weeks of entitlement of PPD benefits involves multiplying a permanent partial impairment rating by the maximum number of weeks allowed for loss or lost use of the whole body or specific body part(s) affected by the injury.  In Georgia, permanent partial impairment ratings are calculated based upon the AMA Guides to the Evaluation of Permanent Impairment (5th edition).  As of this article’s publication, Georgia continues to use the 5th edition of the AMA Guides despite the 6th edition having been published in December 2007.