FAQs

You may be able to, however, the insurance company is entitled to take a “credit” for the amount of the unemployment benefits paid during the same period.

This is a very complicated area but, in short, you should give your best effort to try the job. If you are receiving weekly indemnity payments and the employer offers you a light duty job, certain requirements must be met. Further, if you do not attempt the job or do not complete 8 hours of the light duty job or one workday (whichever is longer), your benefits may be suspended. If you refuse to even attempt it the insurance company the insurance company will use this as evidence that you are being unreasonable and do not want to return to work. For more information on this, see the section “Your Work Status.”

When you are injured at work, your employer/insurer can either choose to accept the claim as “compensable” or they can deny or “controvert” it. They may choose to pay medical benefits only and then refuse to pay weekly income benefits. They may also choose to controvert or deny the claim completely. If you are not receiving medical treatment or income benefits, you need to contact an attorney.

If there are issues in dispute between the injured worker and the insurance company, what generally happens is the injured worker’s attorney files a form called a WC-14 Request for Hearing form.  This places the matter “on the calendar.”  In other words, you get a date for your hearing, which is a court proceeding before the Administrative Law Judge. That is also the point when formal discovery takes place and the insurance company will likely depose you. Once they depose you they will want to get medical records from your doctors and likely talk to witnesses. This takes some time. Unfortunately because it takes time to get all the information together,  hearings frequently get “continued” to new dates. It may take several months to actually have the hearing. In lieu of proceeding to a hearing, the parties will frequently try to informally resolve the matter, or the entire case.

Unfortunately this is not uncommon. Georgia is an “at will” state and, without an employment contract, a worker can be terminated “at will” as long as the reason is not discriminatory.

If your employer posted a Panel of Physicians (a list of  at least six doctors) you must choose a doctor from that list.  You may change to another doctor without permission from your employer from the Panel.  If you are suffering from a medical emergency, you’re eligible for temporary medical care from any doctor until the emergency is over.

TTD – Temporary Total Disability

Temporary total disability payments or TTD income benefits come into play if you are taken off work completely by the Authorized Treating Physician.  This is calculated by taking two thirds of your average weekly wage (of the wages for the 13 weeks prior to the date of accident) up to the statutory maximum. For injuries prior to July 1, 2013 the maximum is $500 per week. For injuries after July 1, 2013, the maximum $550 per week. This is nontaxable.

TPD – Temporary Partial Disability

Sometimes, the Authorized Treating Physician does not believe you are totally disabled.  Instead, they believe you can perform a lighter duty job or work fewer hours, and you return to work at a lower paying job.  As a result, temporary partial disability payments or TPD benefits are a possibility.  Calculating these benefits can be somewhat tricky.  It is very important that you keep track of all of your pay stubs and any post-injury wages earned.

Time Limits

There are time limits on how long you are eligible to receive income benefits. Specifically, there is a limit of 400 weeks from the date of accident for TTD benefits.  It is 350 weeks from the date of accident for TPD benefits. In the past there was no time limit on the weeks you could receive medical treatment. However, injuries occurring after July 1, 2013 have a limit or “cap” on medical benefits beyond 400 weeks from the date of the accident.  This does not apply to catastrophic claims.  The majority of the claims in Georgia are not catastrophic.