Pursuing Justice For The Injured And Disabled Since 1992

Securing Income Benefits After A Work Injury

Workers who suffer serious injuries or disability after a workplace accident are entitled to receive weekly income benefits and medical benefits through workers’ compensation. Since 1992, Skibiel Law has represented disabled workers throughout the Atlanta metro area. Our clients include construction workers, restaurant workers, manufacturers, utility workers, retail employees among many others.

Temporary Total, Temporary Partial And Permanent Partial Disability Income Benefits

There are three types of income benefits you may be entitled to following a job accident. We will examine your case and evaluate whether you qualify for:

  • Temporary total disability benefits (TTD) – If your treating physician is of the opinion that a work injury prevents you from working or your treating physician limits your ability to work and your employer is unable to accommodate these limitations, then you are entitled to a weekly TTD benefit. This benefit is equivalent to two-thirds of your average weekly wage. This wage is capped at a certain amount depending on the date of your injury.
  • Temporary partial disability benefits (TPD) – If you are able to return to work but earn less money as a direct result of the physical limitations of your injuries, you are entitled to two-thirds of the difference between your pre-accident wage and your current wage.
  • Permanent partial disability (PPD) – If your work injury is permanent as determined by your treating physician and the AMA Guidelines for Permanent Impairment, you are entitled to a PPD benefit. This benefit is typically paid near the end of your claim or medical treatment. The amount paid is determined by the nature of your injury and your average weekly wage. Simply put, TPD and TTD benefits are based on your diminished ability to work such as if you are recovering from a broken arm, serious back injury or any other injury. On the other hand, PPD benefits are based on your loss of functional use as in an amputation injury, paralysis or other serious injury.

We can help you determine which type of income benefits you qualify for, and then work diligently to ensure you receive them promptly.

Workers’ Comp Frequently Asked Questions

If you are an injured worker, you probably have many questions about your rights, the next steps and how to seek the compensation you deserve. To help you get started, here are a few of the questions our experienced workers’ comp firm sees most often:

Are workers’ compensation benefits taxable income?

Generally, the answer is no. Workers do not have to pay income on the workers’ comp benefits that they receive. After all, these benefits are not income in the traditional sense. They may be used to cover the medical bills that the worker has incurred. If that money was taxed like income, they would be left with less than they needed to actually pay their bills, so the majority of workers’ comp benefits are not taxed.

How does workers’ compensation affect Social Security Retirement benefits?

In some cases, workers may be getting Social Security benefits along with workers’ comp benefits. If the workers’ comp provides more than 80% of the average amount they would earn from their employment, this can cause a reduction in the Social Security benefits. They are not eliminated and may not even be drastically reduced, but will change by the amount that the worker has exceeded that 80% threshold.

How long do workers’ compensation benefits last?

It depends on the case. The maximum in Georgia is 400 weeks. Most people will not be injured for nearly this long, so the benefits only last until they return to work. One of the main disputes that often arises during these cases is when a worker has recovered enough to return to their employment and when they still need to continue receiving benefits. Employers and employees naturally do not always see eye-to-eye.

Additionally, workers sometimes heal enough that they can come back to the workplace, but their capacity has been reduced. If this happens to you, then you may still be eligible for a portion of workers’ comp benefits to make up for this capacity reduction.

Having Problems Returning To Work?

If you are being harassed by your supervisor upon your return to work after an injury, you may have rights. If your boss is requiring more of you than your doctor recommended or reducing your hours because of your inability to work we may, depending on the circumstances, be able to start or restart TTD or TPD income benefits.

To learn more about your rights to Georgia workers’ compensation income benefits, contact our firm in Jonesboro by calling 770-400-0963 or toll free at 770-968-3554 to schedule a free initial consultation. You may also contact us online.

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