Is weekly compensation paid according t the accident date, or when the compensation benefits actually began being paid?

If you are asking about the maximum number of weeks of temporary total or temporary partial disability benefits, I think there is some disagreement about whether this starts to run from the date that the accident occurred or the date that you begin drawing weekly benefits. My reading of the statute that answers this question is that the weeks of benefits begin to run when the accident occurs even if you continue working and do not begin receiving benefits immediately. That being said, if you do continue working for some time after the accident before ultimately becoming unable to work as a result of an injury, you may be legally deemed to have a fictional new accident as of the date that you became unable to work. This would result in a new date of accident which would result in the number of weeks of benefits starting from that date.

Your weekly compensation rate is determined by the amount you made for the 13 weeks before your accident date. This is called your average weekly wage. Then, under Georgia law, your compensation rate is 2/3 of the average weekly wage subject to a maximum of $500 per week. Compensation is paid generally for 400 weeks from the date of the accident unless you are released to light or full duty or return to work in some other capacity.

As I understand your question, you are asking if you are entitled to weekly benefits beginning on the actual date your accident took place, or whether it is based upon the date the workers' compensation insurance carrier actually began sending you checks. The answer to this question depends on whether a physician deemed you disabled as of the date of the accident, or whether your disability began some time after your actual accident date. If your treating physician's opinion is that your disability began on the date of your accident, then you would be entitled to weekly benefits from that date - so long as you were out of work for seven (7) consecutive calendar days following the accident. If you went back to attempt work during the seven (7) day period after your accident (as in, if your doctor released you to perform light duty work and your employer offered you a light duty position to attempt), then the Employer/Insurer does not have to pay you benefits until you have missed seven (7) consecutive calendar days.

You may wish to consult an attorney to ensure your rights are being protected. There are many good workers' compensation attorneys in the Atlanta area, including Mr. Perkins, who answered your question above.

Joshua A. Carroll
Buzzell, Graham & Welsh, LLP
563 Walnut Street
Macon, Georgia 31201
(478) 742-8820

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Mr. Perkins and Mr. Parsons have it right. However, I respectfully disagree with Mr. Carroll on when the 400 weeks, or 350 weeks in the case of TPD, begins if I am reading his answer correctly. The date of disability, as determined by your doctor, does not determine how long you are entitled to benefits, unless a fictional new accident has occurred as Mr. Perkins mentioned, or you have a cumulative trauma injury such as carpal tunnel syndrome The code sections (34-9-262 and 34-9-263) specifically state from the date of injury. However, I certainly could be reading Mr. Carroll's response the wrong way. I hope you are able to get in touch with an experienced workers' compensation attorney soon.
Best of luck.
Bryan S. Hawkins
The Law Office of Bryan S. Hawkins, LLC
Augusta, Georgia

I see where Mr. Carroll is going now. As I expected, I was reading his response the wrong way.