Permanent partial disability benefits are a critical part of workers’ compensation in Atlanta. For many injured workers, it may represent a significant part of their claim.
To truly receive the compensation you deserve, it’s important to understand permanent partial disability benefits. Our Atlanta lawyers explain what permanent partial disability benefits are, what they cover, and what you need to know to get the compensation you deserve.
Understanding Permanent Partial Disability
What is the meaning of permanent partial disability?
Permanent partial disability is a disability that is permanent but not complete. It occurs when an injury is not expected to get any better. However, it is only partially, rather than completely, disabling.
How does Georgia law define permanent partial disability?
Georgia law OCGA § 34-9-263 defines permanent partial disability as:
Disability partial in character but permanent in quality resulting from loss or loss of use of body members or from the partial loss of the use of the employee’s body.
Permanent partial disability in Atlanta workers’ compensation benefits explained
For injured workers in Atlanta, permanent partial disability is the compensation that they may receive for permanent disability. When a person suffers an injury that does not fully heal, permanent partial disability pays them compensation.
It’s only fair that you get compensated for an injury that doesn’t fully heal. Permanent partial disability is the compensation you get for the fact that you have a permanent disability because of a workplace injury.
Determining Your Permanent Partial Disability Pay
How much does permanent partial disability pay?
Permanent partial disability pays two-thirds of the average weekly wage for the percentage of bodily loss and the weeks designated for the body part affected.
How are permanent partial disability benefits calculated?
Permanent partial disability benefits are calculated with the following steps:
- Determine the person’s average weekly wage
- Multiply that amount by two-thirds (2/3)
- Take the disability rating (expressed as a percent) and multiply it by the amount calculated in the second step
- Pay that amount for the number of weeks designated for the body part or parts affected
Are permanent partial disability benefits paid weekly or in a lump sum?
Permanent partial disability benefits may be paid weekly or in a lump sum.
Georgia Permanent Partial Disability Pay Weekly Chart
|Body Part Disabled||Number of Weeks|
|Loss of hearing, traumatic, one ear||75|
|Loss of hearing, traumatic, both ears||150|
|Loss of vision in one eye||150|
|Whole body disability||300|
See § OCGA 34-9-263.
What if I wasn’t entitled to temporary total disability (TTD) or temporary partial disability (TPD) benefits? Can I still get permanent partial disability benefits?
Yes. Permanent partial disability benefits do not depend on receiving TTD or TPD payments. You may receive permanent partial disability benefits if you qualify for them.
Does economic loss matter when it comes to permanent partial disability benefits?
No. Your economic loss and personal net worth are not factors for determining eligibility for permanent partial disability benefits.
Is permanent disability the same as pain and suffering?
Permanent disability in a workers’ compensation case is not the same as pain and suffering in a personal injury case. Our lawyers can explain the differences and what is available in a workers’ compensation claim.
Pain and suffering are not payable in an Atlanta workers’ compensation case. Our lawyers can help you claim the types of damages and maximum amounts available to you under the law.
When is permanent partial disability payable in an Atlanta workers’ compensation case?
Permanent partial disability benefits start once the person reaches maximum medical improvement. An employee should begin receiving their pay not more than 21 days after temporary benefits end.
Are punitive damages available for permanent disability?
About Your Permanent Disability Rating
What is a permanent disability rating?
A rating is a determination of how disabled you are. The rating determines how much permanent partial disability pay the person gets for their disability. If the body part is completely disabled, the rating is 100%. A slight disability may be given a rating of 10%.
Who decides my permanent disability rating?
The treating physician decides the permanent disability rating. They must base their decision on the Guides to the Evaluation of Permanent Impairment, Fifth Edition, published by the American Medical Association.
Can I contest my permanent disability rating?
Yes. If you disagree, you can contest your permanent disability rating. You may request a hearing.
The permanent disability rating you receive relates directly to the amount of permanent partial disability pay you receive. Get a low rating, and the insurance company doesn’t have to pay as much as they would for a higher rating.
To make your hearing a success, it’s critical to have the correct medical testimony and evidence. Our lawyers can request your hearing, gather the necessary evidence, and represent you. We also conduct settlement negotiations on your behalf.
Challenging Permanent Partial Disability Benefits
As workers’ compensation lawyers, we help individuals pursue and contest their permanent partial disability benefits. If the treating physician rates the disability too low, the average weekly wage is incorrect, or if there are other errors, you may contest your benefits.
We are full-service lawyers handling all aspects of a claim, including permanent partial disability benefits. Our lawyers work diligently to handle everything on your behalf. We look at what your rating should be. We take the procedural steps to preserve your rights and build the evidence to make your claim successful.
Permanent partial disability is an important part of any workers’ compensation claim. At Moebes Law, we are a team of experienced professionals dedicated to helping injured workers get fair treatment in the workers’ compensation system.
We represent victims in Atlanta and the surrounding areas. Contact us today for more information, a free consultation, or to start your case now.