An employee who cannot work due to an occupational-related injury is classified as a disabled employee; this means they have a physical impairment preventing them from performing their job partially, temporarily, or permanently. An employer should pay the worker weekly payments through the workers’ compensation insurance program when the accident that caused the physical hindrances occurred at the company’s primary place of business.
If you are facing obstacles obtaining your workers’ compensation benefits in Sandy Springs, one of our seasoned workers’ comp attorneys could help you seek an administrative or civil court order forcing the employer or board to provide you with your rightful income immediately.
Georgia’s Workers’ Compensation Act (Georgia Code § 34-9-1) outlines the types of employee disabilities. They are as follows:
The most common workers’ comp benefits injured workers in Sandy Springs receive are temporary partial disability, permanent partial disability, and total disability.
Temporary partial disability (TPD) means that the employee must be out of work for a short time because their injury prevents the full use of their hands, legs, or eyes. A TPD employee could either be home healing until they return to their normal job duties or temporarily be assigned another position that does not aggravate their condition.
They can be paid benefits for up to 350 weeks, equal to 66 percent of the difference between their regular pay and their reassigned work pay. The weekly payable amount cannot exceed $450.
Permanent partial disability (PPD), on the other hand, is an employee whose injury will never fully recover to the point where they could perform their same job duties or make equivalent wages in a similar position. However, they are still considered able to find other gainful work, given some restrictions due to pain and inability to use an arm or leg or see in one eye.
The number of weekly benefits is based on a bodily loss scale in which payments are up to 200 weeks. For example, an employer could be required to pay a worker $225 a week for the permanent loss of one arm.
Total disability (TD) is the most severe category because it is doubtful the person could ever return to work or find other employment. TD is when an individual has injuries that result in the inability to walk, use both arms, and see in both eyes.
The amount of benefits payable to the employer is 66 percent of what their median weekly income was, with a cap of no more than $675 a week and no less than $50 per week. A TD employee is eligible to receive benefits for up to 400 weeks.
An injured worker could also file for Social Security benefits because they have an impairment that is expected to last 12 months or longer, is likely to result in death, and prevents them from performing any substantial gainful employment (Code of Federal Regulations § 404.1505).
If an employee is approved for workers’ compensation benefits, their disability status and benefits amount will be provided in their notice of decision letter.
The status of a disabled employee generally only refers to the employer and career field in which the accident occurred. This is important if a person is working two jobs or is considering getting additional work to offset the reduction of income.
Injured worker benefits are usually never equal to the employee’s before-injury income. Hence, a person’s total weekly and monthly earnings decrease. Nevertheless, there are no strict prohibitions against working another job while on work leave. Be that as it may, it can put a person’s benefits at risk of being reduced or terminated. Or the Georgia State Board of Worker’s Compensation could send the employee an overpayment notice and demand repayment or benefits.
If a person’s weekly payments are reduced, terminated, or received an overpayment notice, a Sandy Springs workers’ compensation benefits lawyer could assertively challenge the decision.
Workers’ compensation benefits are exempt from state and federal taxation. They also cannot be garnished by creditors. If you are experiencing an issue with your workers’ compensation benefits in Sandy Springs, help is available. Contact The Hammers Firm today to schedule an initial consultation and case review with one of our qualified workers’ comp attorneys.