- July 25, 2024
- Attorney David Mann
- Workers' Compensation
Learn What Benefits You are Entitled To
Does workers’ comp pay lost wages? This is an especially important concern for workers who have been injured on the job or who have become ill due to their work. The answer is that workers’ comp pays a part of lost wages but not the full amount. These wages are paid as disability income benefits. How much you might receive is based on how disabled you are.
There are four general levels of disablement under workers’ comp. They are:
- Temporary total disability
- Temporary partial disability
- Permanent disability
- Permanent partial disability.
Many people also wonder, when does workers’ comp start paying lost wages? The answer is just over a week. You have bills to pay, so it is important to file your claim as soon as possible because your disability benefits will not start until the eighth day after your injury. If you have difficulty filing your lost wages claim or need to appeal, contact the workers’ compensation lawyers at Mann Law Firm at (478) 742-3381 for a consultation.
Temporary Total Disability
These benefits pay two-thirds of your weekly wage up to a maximum cap. If your temporary total disability lasts 21 days or more, you can receive payment for the first seven days.
Temporary Partial Disability
When you can work, but not in the same job or as many hours as before, you may be earning less money. Temporary partial disability benefits pay two-thirds of the difference between what you earned before your injury and what you are earning now.
Permanent Disability
If your doctor determines that you are permanently and totally disabled and cannot return to work, you may potentially be entitled to receive permanent disability payments for life. The amount of these payments is typically the same as what you would receive for a temporary total disability. That is two-thirds of your weekly wage.
Permanent Partial Disability
When you are permanently disabled, but not completely, you may receive permanent partial disability benefits. The amount will be the same as for a temporary total disability, but you will be limited in how long you can receive benefits. The number of weeks you can get benefits will be based on the body part that was injured and how badly it is injured.
As you can see, workers’ compensation income benefits can be very complicated. Many people turn to workers’ compensation attorneys to help them understand the benefits they are entitled to and assist them with the filing process. This is a smart thing to do because sometimes injured workers find that, even though they have a right to benefits, employers and their insurance companies will try to dispute their injuries and deny benefits.
How Does Workers’ Comp Cover Lost Wages?
Workers’ comp insurance companies usually cover lost wages by sending weekly paper checks. Your first check should be mailed to you within 21 days of your first day off work. The exception to weekly checks can be for workers with permanent partial disabilities. In these cases, insurers might send weekly checks, or they might decide to pay for all the weeks in a lump sum.
Also, Georgia does not require insurers to offer direct deposits for workers’ comp payments, but some of them do. You or your attorney can check with the insurer to see whether it is offered.
An additional thing to know is that workers’ comp wage benefits are not taxed, so you will receive the full amount as discussed previously.
Steps to Take to Get Workers’ Compensation and Lost Wages Benefits
A Georgia Workers’ Comp Attorney Can Help Ensure You Get the Full Benefits You Deserve
To have the best chance of getting the workers’ compensation and lost wages benefits you deserve, take these steps:
- Get medical treatment. If it is an emergency, you can go anywhere for help. In non-emergencies, you will have to see a workers’ comp doctor from a list provided by your employer. Be sure to get copies of all your medical records, which will help you if your claim is denied.
- Report your injury to your employer in writing. You have 30 days under the law, but the sooner the better.
- Be sure your employer has filled out and sent the WC-1 First Report of Injury or Occupational Disease form to their insurance company.
- Keep written track of how the injury or illness is affecting your day-to-day life. This can be important in an appeal if your initial claim is denied.
- If your claim is denied, talk with your attorney immediately about filing an appeal. The appeals process can be lengthy, so do not delay.
It is particularly important to pay careful attention to these steps. If you do not get timely medical treatment, for example, the insurance company may use that to deny your claim. If you do not report your injury to your employer within the 30-day timeframe, you may not receive benefits.
Frequently Asked Questions About Georgia Workers’ Compensation
Many clients have questions about their workers’ compensation benefits and disability pay. Although each situation differs, many aspects of workers’ comp are fairly similar. These are some of the most commonly asked questions of our Georgia workers’ compensation attorneys.
Do surviving family members receive workers’ compensation when someone dies?
Dependents of workers who die due to job-related injuries or illnesses are eligible to receive their provider’s lost wages, which is two-thirds of weekly wages up to the maximum cap.
Spouses and children are typically the only dependents to receive the benefits. Spouses generally receive wage benefits until they remarry or live in a romantic relationship with someone else. Children typically receive benefits until they turn 18. If the deceased worker was not married and had no children, other people who were dependent upon the worker, such as parents, grandchildren, and grandparents may receive benefits.
What other benefits am I eligible for through workers’ comp?
When employees are injured, workers’ comp also pays medical and rehabilitation costs. It also may pay for retraining for people who can return to work but not in their original jobs. When a worker dies, workers’ comp will pay funeral and burial expenses.
How long do I have to work at a company before I am eligible to receive lost wages benefits?
Your workers’ comp coverage starts on the first day you start working, so you should be eligible for disability pay and lost wages even if you are injured at work during your first week.
How do I know if my workplace has workers’ compensation benefits?
All businesses with more than three total employees (either full-time or part-time) are required to have workers’ compensation insurance. You can check with the state of Georgia to verify that your employer has workers’ comp insurance coverage and which carrier it is. If your company does have more than three employees but you are not covered by workers’ comp, then you may need to talk to a lawyer about getting coverage for a work-related injury.
How long will I receive workers’ comp disability benefits?
Anyone who is injured on the job after July 1992 will receive benefits for up to 400 weeks after the date of their injury. People whose injury is considered catastrophic may receive lifetime benefits. In some situations, though, your benefits may be reduced. For example, if you return to work in a limited capacity, then you may have your weekly benefits reduced. When you are able to return to work with no limitations, your benefits will cease.
What is a catastrophic injury?
A catastrophic injury is one in which the employee can no longer perform the work they did prior to their injury, nor any other work available to them for which they are qualified. These injuries could include partial or total paralysis, amputations, or a neurological condition. You may need to have a doctor submit verification of your medical condition and catastrophic injury to receive lifetime benefits.
Contact Our Experienced Georgia Workers’ Compensation Attorneys
When you have been hurt or become ill due to your job, you should not have to fight with an insurance company to get the wages you need to feed your family and pay your bills. Many of our clients come to us because they are wondering, does workers’ comp pay lost wages? We can answer your questions, help you learn about what you are entitled to, and fight for you to get the full amount for which you are eligible.
Our workers’ compensation attorneys have extensive experience helping injured employees get the benefits they are entitled to.
Call Mann Law Firm in Macon at (478) 707-2111 for help filing or appealing your workers’ comp claim. We provide free initial consultations.
Attorney David Mann
Before leading his own firm, Mann served for several years as in-house defense counsel for a large insurance company, which gives him unique insight into how insurance companies work. He uses this critical knowledge as an advantage for his clients. He is a tough negotiator and litigator, and he is exceptionally strategic in building cases on behalf of personal injury victims.[ Attorney Bio ]
