Temporary partial vs total disability benefits in Georgia’s workers’ compensation system
On-the-job injuries are sadly quite common throughout Georgia. And when they occur, it’s not always possible for the worker to return to their previous job. In some cases, the worker’s doctor only clears them for light duty. Other workers are temporarily prohibited from returning to work.
Both sets of these workers may be facing a serious reduction in their weekly income. A worker who is forced to take light duty may be working fewer hours than they are accustomed to, or they may be working a job that pays a lower wage. An employee who can’t return to work is facing an even more troubling and uncertain future.
Fortunately, injured workers can claim temporary disability benefits—temporary partial disability or temporary total disability, depending on the severity of the injury. Thanks to these programs, people who receive an on-the-job injury get to keep bringing home income that is more in line with what they were earning before they got hurt.
Have questions? Chat with one of our experienced Atlanta workers’ compensation attorneys to learn more about the claims process.
Temporary vs. permanent disability
In workers’ compensation, a temporary disability means you are expected to recover and eventually return to work, either fully or with some restrictions. A permanent disability means your injury or condition is lasting and you won’t fully recover.
Both temporary and permanent disabilities can be classified as either total or partial:
- Total disability means you can’t work at all for a period of time (either temporarily or permanently).
- Partial disability means you can still work, but not at the same capacity as before, and you may have lasting limitations.
Understanding the type and extent of your disability is important because it affects the kind of benefits you may be entitled to.
Find out how much your injury is worth with our permanent partial disability calculator.
Temporary partial disability (TPD) benefits
Workers may be entitled to receive temporary partial disability benefits when they are able to go back to work but are making less money than they were prior to the injury. They may be earning less money because they are able to work fewer hours or because they must take a job that pays less than the position they were in before the injury.
To make up for this difference, the employer’s workers’ compensation may pay the employee TPD benefits on a weekly basis.
How much will your temporary partial disability benefits be?
To find out how much you’ll earn, you’ll need to know your average weekly wage before you became hurt and the average weekly wage that you’re earning now.
The temporary disability benefits that you’ll receive will be equal to two-thirds of the difference between your pre-injury and post-injury wages. State law designates a maximum possible benefit of $450 per week if your injury occurred after July 1, 2019.
For example, let’s assume that you earned $900 per week before your injury. After your injury, your average weekly wage is reduced to $600. The difference between these 2 figures is $300.
This means that your weekly benefit would be two-thirds of $300, which is $200.
How long do TPD benefits last?
According to the law in Georgia, injured workers are entitled to, at most, 350 weeks of TPD benefits. In some cases, this is enough time to allow for the worker to be released back to full-time work or to the same position they held before.
Unfortunately, not everyone is able to return to full-time work or their previous job after receiving an injury. For these workers, it may be necessary to apply for permanent disability benefits.
Temporary total disability (TTD) benefits
Workers may qualify for temporary total disability benefits in Georgia if their doctor says that they can’t return to work or if their employer is unable to accommodate required light-duty restrictions.
The temporary total disability benefit is equal to two-thirds of your average weekly wage. Typically, the calculation is based on the prior 13 weeks of wages immediately prior to the accident.
Employees who have been on the job for fewer than 13 weeks will have their TTD benefits calculated based on the gross weekly earnings of a similarly situated worker in the same job.
Georgia state law places a maximum weekly compensation rate of $675 on TTD benefits.
How long does TTD last?
It is possible for injured workers in Georgia to receive these benefits for a maximum of 400 weeks, but such benefits may be terminated based on a change in your situation. These changes may include your doctor’s authorization for you to return to work or your eligibility for permanent partial disability benefits.
If you return to work on your own, these benefits also will cease. If your doctor clears you to return to light duty, then you may become eligible for temporary partial disability benefits.
There is an exception to this 400-week rule for workers who suffer a permanent total disability after a catastrophic work injury that leaves them unable to work in any capacity. In those cases, workers may be eligible for lifetime benefits.
How do you know if you’re receiving the right benefits?
Injured workers have a lot to deal with. In addition to being hurt, they are trying to keep their family feeling secure while dealing with these sudden financial burdens. It can be hard to know that they’re getting all of the benefits to which they are entitled.
This is why it’s critical for people who were injured on the job in Georgia to contact a qualified Georgia workers’ compensation attorney at 91proƵ & Holder.
With knowledgeable legal counsel working for you, it’s possible for you to focus on recovering, knowing that you’re receiving all the benefits to which they are entitled.
To begin this process, contact us today for your free consultation.
