Temporary Disability Benefits

It’s a fact of life: People get injured and sick at work. If that has happened to you, you’re certainly not alone.

The U.S. Bureau of Labor Statistics reports that there are nearly three million recordable cases of non-fatal injuries and illnesses each year in the U.S. The Mann Law Firm wants you to know that Georgia law protects you. If your injury or illness prevents you from working, you may be eligible for temporary disability benefits through the state’s workers’ compensation system.

What Do Temporary Disability Benefits Provide?

If you suffer injuries in a workplace accident that causes you to miss seven days of work, you can receive weekly temporary disability benefits for additional days away from work. Once you have missed work for 21 consecutive days, you can be paid for the first seven days you missed.

An authorized treating physician will determine the degree of your disability, and, in turn, that will establish whether you are eligible for one of two types of benefits:

Temporary Total Disability Benefits

You can receive these benefits if your disability prevents you from returning to any kind of work. Payment equals two-thirds of your average weekly wage at the time of your injury (an amount capped by statute). If you have a catastrophic injury – for instance, you lost a limb or suffered serious burns – you can receive these benefits for as long as you are disabled. However, if your injury is non-catastrophic, your benefits will end 400 weeks from the date of your injury.

Temporary Partial Disability Benefits

If your employer offers you a “light duty” job consistent with limitations ordered by your treating physician, you can receive these benefits. You must accept this position and attempt to perform your new job duties for a 15-day “grace period.” During this period, your total disability benefits won’t change. However, if you can perform the light-duty job, you will be assigned temporary partial disability benefits.

These benefits equal two-thirds of the difference between your average weekly wage before your injury and the wages you earn in your light-duty job (subject to the statutory cap). They are available for up to 350 weeks from the date of your injury.

Even if a light-duty job is unavailable, you can be assigned light-duty status. After 52 consecutive weeks, or a maximum of 78 total calendar weeks that involve interrupted periods of disability, your benefits will be reduced from temporary total disability benefits to the maximum temporary partial disability benefits you are eligible for.

How Do I Apply for Temporary Disability Benefits?

You apply for workers’ compensation benefits by reporting a workplace accident and injury or illness to your employer. You must obtain medical treatment as directed by your employer. Your employer initiates a workers’ compensation claim for you through its insurance carrier.

Once you have been examined, the doctor will report your status to your employer’s workers’ compensation insurance carrier. Your employer or the insurer must then notify the Georgia Workers’ Compensation Board of your status. You must receive a copy of this report.

The first benefits payment is due on the 21st day after your employer learns of your injury. After that, your benefits should be paid each week.

As your recovery progresses, your doctor may release you to return to work with restrictions. The insurer must complete another form and send it to you (or your workers’ compensation attorney) within 60 days of the release. This serves as notice that your benefits may change.

How Can a Lawyer Help Me Obtain Temporary Disability Benefits?

You should not try to obtain workers’ compensation benefits alone.  A knowledgeable and experienced temporary disability benefits attorney can help you with the following:

• Ensure that your injuries are properly examined, diagnosed and documented so your claim accurately reflects your disability
• Assist in filing the proper paperwork to your employer and the workers’ compensation board
• Help with your claim if your employer denies your claim
• Help with an appeal if your claim is denied
• Assist you if your employer retaliates against you because you filed a claim
• Making sure your settlement amount pays all of your medical bills and lost wages.

Unfortunately, employers and insurers may press you to return to work too soon after your injury. After all, paying temporary disability benefits is an expense that neither the insurer nor the employer wants to bear. Your employer may even dispute whether you are disabled at all, potentially leading to a dispute that could require the expertise of an experienced insurance claim lawyer. This dispute may require a hearing.

How We Can Help Injured Workers Seek Additional Compensation

Workers’ Compensation Doesn’t Cover Everything—But We Can Help You Get More.

While workers’ compensation provides medical treatment and wage benefits, it doesn’t cover pain and suffering or full lost wages. However, if a third party (someone other than your employer) contributed to your injury, you may be entitled to additional compensation through a personal injury lawsuit.

At Mann Law Firm, we investigate whether you can pursue both workers’ comp and a personal injury claim. We seek extra compensation if:

• A negligent driver caused your work-related crash (e.g., delivery drivers, truckers).
• A defective machine or unsafe equipment contributed to your injury.
• A subcontractor or third-party worker was responsible for the accident.

Our over 50 years of legal experience means we know how to get the most out of your claim. We investigate all potentially liable parties to maximize your recovery. While many firms avoid court, we’re prepared to take your case to trial if needed.

If you were injured at work and believe someone other than your employer was responsible, you may be entitled to significant additional compensation. Call (478) 742-3381 for a free case review today.

Contact Temporary Disability Benefits Attorney David Mann Today for a Free Consultation

Suffering an injury on the job can be a devastating experience, both physically and financially.  At the Mann Law Firm, we are committed to helping our clients get the workers’ compensation benefits they deserve.  We have been in business for over 40 years and have helped hundreds of clients file workers’ compensation claims and appeal denied claims.  We truly care for our clients.  At the Mann Law Firm, you are not just a number — you are a member of our family.   Don’t try to file or appeal a claim on your own.  Give us a call today at (478) 742-3381 for a free consultation.