A guide to workers’ comp benefits after suffering a permanent injury at work that leaves you unable to return to any form of employment
If you’ve suffered a serious injury or occupational illness at work that leaves you unable to ever return to any form of employment, you may be entitled to lifetime wage loss benefits through Georgia’s workers’ compensation system. These benefits are meant to help replace your lost income and provide financial stability when you can no longer work in any capacity.
But getting approved for lifetime benefits isn’t automatic—and understanding if your injury or condition qualifies is key. In this article, we’ll break down what kinds of injuries, illnesses, and medical conditions can make you eligible, how these benefits are calculated, and the steps you need to take to secure them.
If you’re getting pushback from your employer or you simply need a hand calculating the benefits you’re entitled to, reach out to the skilled Atlanta workers’ compensation attorneys at 91proƵ & Holder to schedule a free consultation.
Does Georgia have permanent total disability benefits for injured workers?
Not exactly. Georgia’s workers’ compensation system doesn’t officially use the term “permanent total disability (PTD) benefits” like many other states do. However, if you suffer a permanent catastrophic injury or life-altering condition caused by your job you may be entitled to lifetime temporary total disability (TTD) benefits.
Even though they’re called “temporary,” these benefits can last for the rest of your life if your injury prevents you from ever returning to work.
In practice, lifetime TTD benefits in Georgia work very similarly to permanent total disability benefits in other states by providing ongoing wage replacement to support you when you can no longer work at all.
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What types of work injuries qualify for lifetime workers’ comp benefits in Georgia?
In Georgia, most injured workers can only receive wage loss benefits (also called indemnity benefits) for up to 400 weeks after their accident. However, if your injury is classified as catastrophic, you may qualify for lifetime workers’ comp benefits that continue as long as you need them (or the rest of your life).
Under Georgia law, the following types of work-related injuries are typically considered catastrophic and may make you eligible for lifetime benefits:
- Spinal cord injuries that cause severe paralysis in an arm, leg, or the trunk of the body.
- Amputations of a hand, arm, foot, or leg that result in the loss of use of that body part.
- Severe brain or head injuries that cause major physical, cognitive, or neurological problems.
- Second- or third-degree burns covering 25% or more of the body, or third-degree burns on at least 5% of the face or hands.
- Total or industrial blindness, meaning 20/200 vision or worse even with corrective lenses.
Other serious injuries, like severe back or neck injuries that make it impossible for you to work at all, may also qualify for lifetime benefits. To meet this standard, you must show that you are not only unable to return to your old job but also that you can’t do any job that exists in large numbers across the country—not just in your local area.
In other words, if you could still do another type of work somewhere in the U.S. job market, even if it’s not available where you live, your injury may not be classified as catastrophic.
It’s also important to note that losing a finger or toe alone usually won’t qualify unless it causes total loss of use of the entire hand or foot. In such instances, you may instead qualify for permanent partial disability (PPD) benefits.
How are wage loss benefits calculated in Georgia after a permanent total injury at work?
In Georgia, indemnity benefits are calculated the same way whether your injury is temporary or permanent. The calculation is based on your average weekly wage (AWW) before the injury.
This is how it works:
- Add up your gross pay (before taxes) from the 13 weeks before your injury.
- Divide that total by 13 to find your AWW.
- Multiply your AWW by two-thirds (0.6667) to get your weekly benefits amount.
Here’s an example: Let’s say you earned $9,100 total in the 13 weeks before your injury. $9,100 ÷ 13 = $700 (your AWW). $700 × 0.6667 = about $466.69 per week in wage loss benefits.
As of July 2023, the maximum weekly amount for temporary total disability (TTD) benefits is $800. These maximums change every year based on state adjustments for inflation. Please note that workers do not have to pay income taxes on indemnity benefits, so they can keep the full amount issued.
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What do I need to do to get ongoing workers’ comp benefits after a permanent injury in Georgia?
If you suffer a permanent injury at work in Georgia, getting ongoing workers’ comp benefits starts with following the regular workers’ compensation claims process. Here’s what you need to do:
- Get medical treatment right away. You must seek care from a doctor approved by your employer’s workers’ compensation insurance network. It’s important to get a proper diagnosis that clearly documents the extent of your injury.
- Notify your employer within 30 days. You need to tell your employer about your injury as soon as possible—but no later than 30 days after the accident—or you could lose your right to benefits.
- File a claim with the State Board of Workers’ Compensation. To officially request benefits, you must file a with the Georgia State Board of Workers’ Compensation within 1 year of your injury date.
However, getting benefits after a permanent injury isn’t always straightforward. Employers and their insurance companies often try to deny or limit workers’ comp claims for catastrophic injuries, arguing that the worker is still capable of doing some type of work, even if it’s not their old job.
They may push for an independent medical exam (IME) by a third-party doctor or claim that you can do “light duty” work to cut off or reduce your benefits.
This is where having an experienced attorney makes a huge difference. A skilled workers’ compensation lawyer can:
- Help you gather strong medical evidence showing the true extent of your disability.
- Challenge unfair medical opinions from insurance doctors.
- Represent you in hearings before the State Board if your claim is disputed.
- Work with vocational experts to prove you cannot perform any substantial work available in the national economy.
- Negotiate for a full and fair settlement if lifetime benefits are appropriate in your case.
If you’re facing resistance from your employer after a life-changing work injury, the experienced Atlanta work injury attorneys at 91proƵ & Holder can fight to protect your rights and help secure the lifetime benefits you’re rightfully owed.
Don’t settle for less than you deserve. Schedule a free consultation with 91proƵ & Holder Workers’ Compensation Attorneys today to learn how we can help with your Georgia workman’s comp claim.
