Why No Two Workers’ Compensation Cases Are the Same
Have you experienced a similar work-related injury as that of a friend or family member?
Before you start to compare notes, be aware that no two workers’ compensation cases are the same.
How much your case is worth will likely be significantly different from someone else’s – even if they have a very similar injury.
You might have a slip and fall like someone else you know. However, you may injure different body parts, see different doctors, and receive different work disability statuses.
In other words, do not expect to receive a workers’ comp settlement check for the same amount just because you had a similar injury.
And don’t trust any lawyer who promises you’ll get X amount of money if you hire them.
Workers’ compensation is not a lawsuit.
Workers’ compensation is getting the benefits an injured employee deserves according to Georgia workers’ compensation law.
Right after a work-related injury, it’s practically impossible to determine how much your workers’ compensation case will be worth because it is determined based on several variables, including doctors, tests, work status, and potential future issues.
Read on to see why no two workers’ compensation cases are the same.
What Factors in to the Workers’ Compensation Benefits You Receive
When you file a workers’ compensation claim, it is reviewed separately.
In other words, they don’t just put all “car wrecks” into a pile.
Workers’ compensation cases are dealt with on an individual basis.
As a result, each workers’ compensation claim will be worth different amounts.
The purpose of workers’ compensation is to provide compensation for medical treatment, rehabilitation, permanent disability, and lost wages for employees who suffer an injury while on the job.
If you have heard of a co-worker receiving a workers’ compensation settlement, it’s important to remember that this is typically a lump sum.
Workers’ compensation settlements cover the following:
- Disability payments
- Past or future lost wages
- Possible future medical treatment (i.e., physical therapy, surgery, testing)
- Outstanding medical bills
A major determining factor for the settlement amount is potential issues in the future, such as medical treatments, disability, or lost wages that could still result from your work injury.
Additionally, Georgia workers’ compensation covers all expenses related to care and treatment due to a work-related injury, including:
- Assistive devices (walkers or wheelchairs)
- Prescription drugs
- Mileage to and from doctor’s appointments
- Meals and lodging for out-of-town medical appointments
Since we don’t have a crystal ball, this settlement value is negotiated between the insurance company and your attorney based on these potential factors, which explains why there are often significant differences between one employee’s settlement check and someone else’s.
For example, an experienced workers’ comp attorney will make sure these additional medical expenses, such as the cost of travel for medical care, are included, while an inexperienced attorney may not.
How Lost Wages Are Calculated
A portion of workers’ compensation benefits is for lost wages.
This is a carefully calculated amount based on the individual’s injury.
According to the Georgia State Board of Workers’ Compensation Notice of Payment or Suspension of Benefits:
In addition to paying your medical expenses for an injury at work, the employer will pay you for part of your lost wages if you are disabled from work for more than seven (7) calendar days because of your work-related injury.
TEMPORARY TOTAL
O.C.G.A. §34-9-261: IF YOU ARE NOT ABLE TO WORK AT ALL because of your injury, your employer/insurer must pay:
- 2/3 of your average weekly wage with a maximum of $800 per week if your date of accident was on or after July 1, 2019. A minimum of $50.00 per week, or your actual weekly wage if less than $50.00 per week.
- If your accident occurred on or after July 1, 1992, and if your injury is not catastrophic, you are not entitled to this type of benefit for more than 400 weeks. Furthermore, your benefits may be reduced to those allowed by O.C.G.A. 34-9-262 under certain circumstances after you have been released to return to work with limitations or restrictions.
TEMPORARY PARTIAL
O.C.G.A. §34-9-262: IF YOU MUST WORK FOR LOWER WAGES because of your injury at work, your employer/insurer will pay:
- 2/3 of your wage loss (the difference between what you make after your injury and what you made before), with a maximum of $533 per week if your date of accident was on or after July 1, 2019 for a maximum of 350 weeks from the date of accident.
PERMANENT PARTIAL
O.C.G.A. §34-9-263: IF YOU LOST A PART OR MEMBER OF YOUR BODY or lose the use of a member (such as arm, finger, eye, etc.), you will first receive benefits described above during disability, and then upon return to work or otherwise becoming ineligible for TTD or TPD benefits, you will receive payment for permanent partial disability for a certain number of weeks, based on the percentage of your loss. Multiply the permanent partial disability (%) by the maximum number of weeks listed below to determine the number of weeks you will receive PPD benefits. For example, for a 15% permanent partial disability to an arm, multiply 15% times 225 weeks. The answer of 33.75 represents the number of weeks you will receive income benefits.
Learn more about Workers’ Compensation Benefits in Georgia
This is a fancy way to say the Georgia lawmakers have determined a value for each body part in terms of weeks covered for lost wages should you receive a permanent partial disability rating.
In other disability ratings (temporary total or temporary partial), you receive 2/3 of your average weekly wage in income benefits.
So, your average weekly wage and your disability status determine your individual lost wage benefit worth – something that is unlikely to be the same as someone else’s.
No Two Workers’ Compensation Cases Are the Same
Take everything we’ve discussed, and you can see how complicated and individualized workers’ compensation cases are.
All the different factors add up to different costs per individual.
For example, your co-worker may receive more workers’ compensation benefits because the attending physician claims they will need future medical help.
Or they may have to travel further for medical treatments.
Or they may have had to undergo more tests than you.
The truth is that you may never know why your co-worker got more or less than your workers’ compensation claim will.
The best way to ensure you receive a fair value and the workers’ compensation benefits you deserve and need is to work with an experienced workers’ compensation attorney.
Don’t compare your workers’ compensation claim to someone else’s compensation.
Hire a Workers’ Compensation Attorney to Ensure a Fair Value
If you want to ensure you are receiving the workers’ compensation benefits you deserve (not what someone else received), you need to hire a workers’ compensation attorney.
Workers’ compensation attorneys in Georgia understand the ins and outs of Georgia workers’ compensation law, which means they know what you deserve based on your individual injury needs.
Unfortunately, if you don’t know the workers’ compensation laws, you could be taken advantage of by insurance companies. You may be offered a low-ball settlement offer and accept it, not knowing this can be a terrible mistake.
A skilled workers’ compensation attorney won’t let you be taken advantage of this way.
They will carefully assess your unique situation to get you the settlement you need (and are entitled to under the law) for today and into the future.
If you’ve been injured on the job, contact us today for a free, no-strings-attached consultation.
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