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.
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.
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.
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.
B. Shawn Rhodes
Powers and Rhodes, LLP
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 questioner is encouraged to seek and retain legal counsel in order to discuss their question(s) further and directly with legal counsel.
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 your important decisions, please contact our office directly for a free phone or in person consultation.
Robert M. Gardner, Jr.
Hicks, Massey & Gardner, LLP
53 W. Candler St. Or 718 Oak St.
Winder, Ga. 30680 Gainesville, Georgia
(770) 307-4899 (770) 538-0555
serving metro Atlanta and all of Northeast Georgia
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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
"Love all, trust a few, do wrong to none."
- William Shakespeare
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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.
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.