In a workers compensation claim what money am I allowed to recover?

Asked about 1 year ago - Atlanta, GA

Injured at work

Attorney answers (9)

  1. Thomas L. Holder

    Contributor Level 11

    10

    Lawyers agree

    Answered . You need to be out of work for seven days. You can then recover two-thirds of your average weekly wage up to $525/wk. If you return on a part time basis, you can get two-thirds of the difference up to $350/wk. You will also be eligible for benefits for your disability rating, which you will receive once your doctor says that you are as good as you are going to get. Our website, www.longandholder.com, has a lot of basic information that should be of help to you. Good luck.

    Tom Holder
    404-523-6100

  2. Charles C. Hamilton

    Contributor Level 11

    6

    Lawyers agree

    Answered . It depends on your situation. Assuming your employer is required to provide coverage and that your injury is otherwise compensable, you are definitely entitled to medical benefits. You might be entitled to weekly checks as income benefits (depending on your disability). You might also be entitled to checks for permanent disability, if your doctor has assigned you a rating. The amounts of these checks are tied to your income. Consult a lawyer for more specific advice.

  3. Brady Martin Larrison

    Pro

    Contributor Level 3

    6

    Lawyers agree

    Answered . The very quick answer to that is, under Georgia's workers' compensation laws, you can recover Temporary Total Disability (TTD) benefits, Temporary Partial Disability (TPD) benefits, and Permanent Partial Disability (PPD) benefits. All of these benefits are to be paid out weekly, unless you reach an agreement to settle on a lump sum basis. You can also recover any and all unpaid medical bills you have incurred as a result of your on-the-job injury. Likewise, you can also receive mileage reimbursement for your travels to and from the doctors' offices; Georgia law allows you to recover $0.40/mile.

    You may not receive both TTD and TPD benefits at the same time, and you would not receive a PPD check(s) until (presumably) you have completed treatment with your workers' compensation doctor. The amount of your weekly check is dictated by your average weekly wage. When your authorized treating physician takes you out of work or restricts your work duties, you then can become entitled to a weekly TTD or TPD check depending on how long you are out of work. Your weekly check will generally be 2/3 of your average weekly wage. However, in Georgia, your TTD weekly check cannot exceed $525.00/week and your TPD check cannot exceed $350.00/week, if you were injured on or after July 1, 2013. If you were injured prior to July 1, 2013, then the most you could receive on your TTD check would be $500.00/week, and the most you could receive on your TPD check would be $334.00/week.

    Georgia law has many special caveats about how much your weekly check is, when you get it, and whether you are entitled to a weekly check. Make certain to consult an attorney for more specific questions.

    Provision of information in response to this question does not create an attorney-client relationship and the... more
  4. Brendon Shawn Rhodes

    Contributor Level 11

    4

    Lawyers agree

    Answered . Basically, you are allowed to receive a portion, normally 2/3s, of your average weekly wage if you are completely out of work due to a work-related injury, or a portion, again 2/3s, of the difference between your pre-accident and post-accident earnings if the decline is due to your work-related injury. You are also entitled to medical benefits, including mileage. Finally, you may also be entitled to benefits based on any permanent physical impairment due to your injury at work. Of course, there are many factors and issues that may arise in a claim.

    I will be glad to speak with you and answer any questions you may have. I offer a free consultation. Give me a call.

    Sincerely,

    B. Shawn Rhodes
    Powers and Rhodes, LLP
    478-227-5997

  5. Robert M. Gardner Jr.

    Contributor Level 18

    4

    Lawyers agree

    Answered . The others have all given you very good answers. The only thing for sure is that the only way to get what you should is to have an attorney on you side to make sure that you do.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base... more
  6. Darrell Brinnett Reynolds Sr.

    Contributor Level 17

    3

    Lawyers agree

    Answered . The best way to handle the matter is to retain and attorney. Our office handles workers compensation matters and we provide free consultation.




    Darrell B. Reynolds, Sr.
    Attorney and Counselor at Law
    drey1954@cs.com
    404-636-6616

    "Love all, trust a few, do wrong to none."
    - William Shakespeare

    NOTICE – 1) This email does not create an attorney/client relationship. In order to create an attorney/client relationship with this office it is necessary to enter into a written contract agreed to by both parties. 2) This email is intended only for the person(s) listed in the To: and CC: lines. It is not intended for anyone else and any reliance upon this email by other parties is at their own peril. 3) This e-mail, and all attachments transmitted with it, may contain confidential, proprietary, or legally privileged information that is intended solely for the individual(s) or entity(ies) to which it is addressed. If you are not an intended recipient, then you are not authorized to read, distribute, copy, or otherwise use any or all portions of this e-mail or any attachment. If you have received this e-mail in error, please notify the sender immediately by e-mail or by telephone at 1-404-636-6616, and delete all copies of this e-mail. Thank you.

  7. Jeffrey Allen Turner

    Contributor Level 3

    3

    Lawyers agree

    Answered . Certainly the best answer is to retain a competent and experienced attorney. Without drowning you with acronyms (TTD , TPD etc) you should know that your payments will be tied to your income and paid weekly. After being out of work for a week they will be capped at $525 weekly. Please call if we can help.

    Allen Turner
    678-402-7170

  8. Blake Jelks Smith

    Pro

    Contributor Level 3

    3

    Lawyers agree

    Answered . From the cash settlment standpoint, the WC insurer is not mandated to settle your claim monetarily at any time during your claim. This is a voluntary function between the parties if their comes a meeting of the minds as to an agreement on an amount of money. The value of the case is based on the rate of money you receive from workers comensation on a weekly basis (if you are on benefits), the future cost of medical treatment, your PPD rating and wheter you are a catstrophic case or a 350/400 week among other things. If you are seeking to settle your claim please seek an experienced workers compensation attorney to handle for you. Thanks.

  9. George Ellis Corson IV

    Contributor Level 20

    2

    Lawyers agree

    Answered . Temporary Disability for lost time.
    Permanent Disability for lost physical function.
    Medical Treatment for injury.
    Death Benefits for Dependents if you take a turn for the worse.
    Some states have provision for Vocational Retraining if you are precluded from returning to old job.

    I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.

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