How Long Does Workers’ Comp Last in Georgia?

Hurt on the job in Georgia? You are not alone. The Georgia Department of Public Health reports that more than 25,000 people miss time on the job for work-related injuries or illnesses each year. Injured workers in Georgia have the right to seek no-fault workers’ comp benefits. This raises an important question: How long does workers’ comp last in Georgia? The answer is “it depends”, with the most important factors being how long you require medical treatment and how much time you need to take off from work to recover from your injuries. At The Larrison Law Firm, we fight hard to help injured workers secure the maximum benefits. Here, our Athens workers’ compensation attorney explains the key things to know about how long workers’ comp can last in Georgia.

Workers’ Comp is No-Fault Insurance (How to Qualify in Georgia)

You do not have to prove that your employer caused your accident to be eligible to get workers’ comp benefits. Georgia’s workers’ compensation system operates on a no-fault basis. Simply stated, injured employees are entitled to benefits regardless of who caused the accident. They must prove that they were hurt as part of the course and scope of their employment. Employers in Georgia with three or more employees are legally required to carry workers’ compensation insurance. Coverage begins on the first day of employment. To trigger benefits, the injured worker must report the injury to the employer within 30 days.

Note: To qualify, a worker must be classified as an “employee” under the Georgia Workers’ Compensation Act (O.C.G.A. § 34-9-1). Independent contractors are not covered by workers’ comp in Georgia.

How Long Does Workers’ Comp Last in Georgia

Once you qualify for workers’ comp benefits, you may have questions about how long you can expect them to last. Here is an overview of the key points to know about the two main types of workers’ compensation benefits:

• Medical Coverage: Under O.C.G.A. § 34-9-200, Georgia law entitles injured workers to receive “all reasonable and necessary medical care” related to the injury, as long as the treatment is authorized and provided by an approved physician. This includes hospital care, doctor visits, surgery, physical therapy, diagnostic testing, prescription medication, and medical mileage reimbursement. In other words, as long as you still need medical care within the 400 week cap for medical benefits (with limited exceptions) for cases that are not determined to be catastrophic, your care is covered so long as you can establish that it is reasonable, necessary, and your ailment is work-related.

• Wage Loss Benefits: Temporary disability benefits are provided to workers who miss more than seven days due to a work injury. Notably, if the worker is out more than 21 days, the first week is also paid retroactively. The benefit amount is two-thirds of the worker’s average weekly wage (AWW). Although that number is also subject to a maximum benefit cap set by the Georgia State Board of Workers’ Compensation. You can get wage loss benefits for a work-related injury in Georgia until the point that you can return to work.

Understanding the Maximum Benefit (400 Weeks)

For non-catastrophic injuries, the Georgia Workers’ Compensation Act limits both wage replacement and medical benefits to a maximum of 400 weeks from the date of injury (O.C.G.A. § 34-9-261). To be clear, the 400-week cap, which is a bit less than eight years, is hard. There are relatively few exceptions. Once this period expires, no additional benefits are paid, even if the worker remains disabled or requires ongoing care, unless the injury is classified as catastrophic.

There is no cap for “catastrophic” injuries. Under O.C.G.A. § 34-9-200.1(g), a catastrophic injury prevents the employee from being able to perform any work available in substantial numbers within the national economy for which they are otherwise qualified.

Georgia law specifically defines six categories of injuries that may be deemed “catastrophic”:

• Spinal cord injury involving major paralysis (paraplegia or quadriplegia);
• The amputation of an arm, hand, foot, or leg involving loss of use;
• A severe traumatic brain injury (TBI) with significant sensory or motor disturbances, communication disturbances, or mental impairment;
• A severe burn (25 percent of the body or more) or a severe burn of five percent of the face/hands or more;
• Total blindness; and
• All other severe injuries that prevent the person from returning to the workforce.

An Overview of Georgia Workers’ Comp and Permanent Disability/Impairment

When a worker reaches maximum medical improvement (MMI), they may be evaluated for a permanent partial disability (PPD) rating. Under O.C.G.A. § 34-9-263, there is a scheduled compensation for permanent impairments that are based on the specific body part affected. The benefits, assuming they are granted, are calculated using the assigned impairment rating and the worker’s TTD rate. To determine eligibility for PPD benefits, the authorized treating physician must assign an impairment rating using the American Medical Association’s Guides to the Evaluation of Permanent Impairment. Here are some key points workers should know:

• Scheduled Injuries: Georgia law contains a schedule assigning fixed numbers of weeks of compensation for the total loss (or total loss of use) of specific body parts. For example, an arm is 225 weeks, a leg is 225 weeks, a hand is 160 weeks, a foot is 135 weeks, and an eye is 150 weeks.
• Unscheduled Injuries: Not all injuries are scheduled. When the injury affects parts not listed in the schedule, such as the back, brain, internal organs, or psychological function, the worker may receive compensation based on a maximum of 300 weeks, multiplied by the whole-body impairment rating.

• Benefits are Based On the Degree of Impairment (PPD Rating): In Georgia, permanent disability benefits are calculated based on the assigned impairment rating. For example, imagine an injured worker in Athens is assigned a 20 percent impairment for an injury to the leg. He or she would be entitled to 20 percent of 225 weeks. In other words, they would be able to receive 45 weeks of PPD benefits.

• PPD Benefits Come at the End of a Claim: In Georgia, permanent partial disability benefits do not run concurrently with other income benefits. Instead, they begin once the injured worker is no longer receiving TTD or TPD payment.

Note: It is important to distinguish between a permanent impairment and a catastrophic injury. These are different definitions in Georgia. While both involve long-term or permanent effects, a catastrophic classification can entitle the worker to lifetime wages and medical benefits. In contrast, PPD benefits are limited by the schedule and do not extend beyond their set duration. A worker may also get PPD benefits without actually suffering a “catastrophic” injury.

Fighting for the Maximum Workers’ Comp Benefits With The Larrison Law Firm

A job-related injury or illness can disrupt your entire life. It is imperative that you secure the maximum workers’ compensation benefits after an accident. At The Larrison Law Firm, we have the professional expertise that injured workers can trust when it matters most. Our case results tell the story. Your initial consultation with our Georgia workers’ comp lawyer is free, completely confidential, and carries zero additional obligations.

Contact Our Georgia Workers’ Compensation Attorney Today

At Larrison Law Firm, our Athens workers’ compensation lawyer is standing by, ready to protect your rights and your interests.

If you have any questions about the duration of workers’ compensation, we are here to help protect your rights. Call us now or contact us online to arrange a free, no-obligation initial appointment. With an office in Athens, we handle workers’ compensation cases throughout the wider region in Georgia.