In most cases, the amount you can expect from your workers’ compensation claim depends on your average weekly wage. To calculate your average weekly wage, the state workers’ compensation board will:
- Multiply your daily wage by 260, which is the number of days a full-time employee would work in a year
- Then divide that amount by 52, the number of weeks per year
- The resulting number is your average weekly wage
There are a few factors that can affect your average weekly wage, which can subsequently impact your workers’ compensation claim. They include:
- Your employment status e.g., full-time, part-time, etc.
- Your employment period and weekly schedule
- Whether your employer has been in the industry for at least a year
Determining How Much You Can Expect from Your Claim
It is crucial to note that the disability weekly payout you receive depends on whether your injury or illness is a partial or total disability. Now that you know how to calculate your average weekly wage, we can determine how much you may receive in weekly benefits per the four types of disability payments.
- Permanent total disability: this employee, who is completely unable to work, would receive 60 percent or ⅔ of their average weekly wage until retirement.
- Permanent partial disability: they may receive 60 percent (or the state’s total disability percentage) of their current average weekly wage for a specified number of weeks.
- Temporary total disability: it is calculated based on a percentage of the employee’s average weekly wage for the period of their temporary disability.
- Temporary partial disability: the injured employee receives a percentage of their current average weekly wage for a specified number of weeks.
For a free legal consultation, call (404) 888-8888
Workers’ Compensation Benefits You Are Entitled to Receive
You should note that you have a limited time to report your injuries to your employer, typically capped within 30 days of the workplace accident or diagnosis. Failure to do so can result in losing your right to compensation, as detailed by the Official Code of Georgia Annotated (O.C.G.A.) Title 34 Appendix § 61. The workers’ compensation act provides financial support to injured employees as allowable by state laws. The benefits you may be entitled to are as follows:
Most employees who file for workers’ compensation claim receive complete medical coverage. It pays for treating the occupational illness or injury you sustained as a result of doing your job. It covers areas that include assistive devices, doctor visits, home nursing care, medication, hospital treatment, medical laboratory and diagnostic tests, and physical therapy. Once you are eligible for this medical coverage, you will continue to receive the benefits until you recover from your injuries.
These benefits replace a portion of your wages while you are unable to work permanently or for a stipulated period. Depending on the nature of your injuries, you may be eligible for one of the following:
- Permanent total disability: here, the employee has sustained a permanent injury that will continue indefinitely or result in death. The injury severely and completely impacts their ability to work at any type of employment. As a result, they cannot earn any income by performing their pre-injury tasks.
- Permanent partial disability: the worker has suffered a permanent injury, such as a hearing loss, but can perform light-duty work. Since a partially disabled employee can still work in a modified capacity or at least part-time, their weekly payout is calculated by reducing their average weekly wage to reflect their current earning capacity.
- Temporary total disability: here, the employee is completely disabled by a workplace injury and is unable to work for a stipulated period. Thus, if they suffer a vertebral compression fracture and cannot work for 14 weeks, they will receive these benefits until they recover and return to work.
- Temporary partial disability: when an employee sustains a short-term injury that only permits them to work with limitations, they may qualify for temporary partial disability. For example, if the employee breaks an arm due to a workplace injury, they can work part-time until they recover and resume their full duties.
If you cannot return to your previous line of work after the workplace injury or occupational illness, your employer’s insurer may pay for retraining into a new line of work.
According to the National Safety Council (NSC), 5,200 Americans died on the job in 2017. If an employee dies as a result of a workplace injury or disease, their spouse, minor children, and other dependents receive death benefits. The insurer also covers the burial costs.
There Are No Benefits for Pain and Suffering
Though workplace injuries come with a great deal of pain and suffering, workers’ compensation laws do not provide additional benefits for pain and suffering. Since it is an income protection law, you may receive one of the disabilities benefits due to your inability to work. If pain prevents you from working permanently or temporarily, and you qualify for disability benefits, you will receive a weekly disability payout, but no additional compensation, specifically for pain and suffering.
Learn More About Workers’ Compensation from Bader Scott Injury Lawyers
Filing a workers’ compensation claim can be emotionally draining and stressful. You may want a personal injury law firm like Bader Scott Injury Lawyers to help you navigate the process and fight for the settlement you deserve. To learn more about the amount to expect from your workers’ compensation claim, contact us today at (404) 888-8888 to discuss your concerns with a member of our team in a free consultation.