When you are hurt in an accident at work, you have multiple losses. In addition to needing medical care, victims are often unable to work because of their injuries. They need time to recover, and they need replacement income.
Victims may wonder how to support themselves and their families. The workers’ compensation system has an answer. Temporary total disability benefits may provide some relief.
In Atlanta, people who are unable to work because of on-the-job injuries may receive temporary total disability benefits. These benefits replace a percentage of lost income until the person can return to work.
The Moebes Law lawyers for workers’ compensation claims explain temporary total disability benefits.
Understanding Temporary Total Disability Benefits in Workers’ Compensation Claims
What is temporary total disability in Atlanta workers’ compensation law?
Temporary total disability in Atlanta workers’ compensation is your right to get paid when on-the-job injuries prevent you from working. It is a law that requires workers’ compensation to pay benefits to the worker when injuries are of a nature that the person is unable to go to work.
What is the law for temporary total disability in Georgia workers’ compensation?
Georgia law O.C.G.A. § 34-9-261 provides compensation for temporary total disability in workers’ compensation.
Who qualifies for temporary total disability pay?
You may qualify for temporary total disability pay if:
- You are injured on the job or in the course of your employment
- The nature of the injury prevents you from working for more than seven days
Does temporary total disability have to do with how serious your injuries are?
Temporary total disability has to do with how your injuries impact your ability to work. Of course, that’s related to how serious your injuries are.
Amount of Temporary Total Disability Payments
How much is temporary total disability pay in Atlanta?
Injured Atlanta workers who are unable to work because of their injuries may receive two-thirds of their average weekly wage prior to the injury. Statutory maximums apply.
Is there a maximum amount of temporary total disability benefits?
Yes. The maximum amount of temporary total disability benefits is two-thirds of the employer’s average weekly wage but not more than $725 per week.
Note: This amount has increased over time. The $725 weekly maximum is for accidents occurring on or after July 1, 2022.
Can temporary total disability benefits continue indefinitely?
No. Temporary total disability benefits are payable for up to 400 weeks from the date of injury. If the injury is catastrophic, benefits may continue.
Note: There are special standards in catastrophic injury claims in several respects. Talk with our lawyers for more information.
How is TTD calculated in Georgia?
Temporary total disability in Georgia is calculated by determining the person’s average weekly wage. That amount is multiplied by two-thirds. There are minimum and maximum amounts that a person may receive.
Qualification requirements must be met for a person to receive TTD for an on-the-job injury.
Examples of total temporary disability payments
- Example 1 – Maria is a sales representative. She earns $1,000 per week. She is driving to her next presentation in a company vehicle. She is in an accident. Maria suffers injuries, including whiplash, cuts, and bruises. She is unable to work for 14 days. After the seven-day waiting period, she collects total temporary disability benefits for the second week that she is unable to work. The benefits are two-thirds of her average weekly income, or $666.67 for the week.
- Example 2 – Jose works as an electrician, earning $2,000 weekly. An electrical accident occurs, and he suffers multiple injuries. He is unable to work for 30 days. Because he misses more than 21 days of work, he collects total temporary disability benefits for all 30 days of missed work. Although 2/3 of his weekly wage is $1334, he is subject to the statutory maximum of $725. He collects the maximum benefit until he can return to work.
How many weeks is the lookback period for determining the average weekly wage?
New employees use the projected income of how someone similarly-situated would have likely earned for 13 weeks in the same job. Usually, 13 weeks is the lookback period for determining the average weekly wage. However, there are times it isn’t possible to look at a 13-week period, like when the employee is new.
Temporary Total Disability Frequently Asked Questions
Are tips included in calculating the average weekly wage?
Yes. Tips are included in calculating the average weekly wage.
Are bonuses included in calculating the average weekly wage?
Yes. Bonuses are included in calculating the average weekly wage.
Do fringe benefits count towards your average weekly wage?
No. Fringe benefits are not used to determine your average weekly wage.
Applying for and Contesting Your Benefits
How do you apply for temporary total disability benefits in workers’ compensation?
To receive temporary total disability benefits in workers’ compensation, you must report the injury to your employer. The insurance company has 21 days to investigate and report their findings. If they agree, you should start to receive benefits. To contest their decision, you must file form WC-14 – Notice of Claim.
What if the determination of my temporary total disability benefits is wrong?
If you disagree with the determination of your temporary total disability benefits, you have a right to contest the decision. There may be many ways that a mistake occurs in the determination of your benefits, including:
- Whether the injury occurred in or arose from the course of employment
- Your ability to return to work with or without restrictions
- Determination of your average weekly wage
- Defenses like willful misconduct by the employee
The insurance company may try to mislead you about your right to benefits or how the claims process is handled. However, they are not the final say. You have the right to contest the decision in a worker’s compensation case. You have the right to representation from an experienced lawyer.
Lawyers for Temporary Total Disability Benefits
If you have been hurt at work, your temporary total disability benefits are important to you. Our experienced lawyers at Moebes Law Firm want you to get the compensation that you deserve. We are dedicated to protecting your rights throughout the workers’ compensation process. Contact us today.