Learn when you’re entitled to workers’ comp wage loss benefits (indemnity payments) and how they’re calculated
If you’ve gotten sick or been hurt on the job in Georgia and can’t work because of your injury or illness, you may be entitled to something called “indemnity benefits” through workers’ comp.
These are payments that help replace some of the income you’re missing while you recover. But figuring out what you’re owed—and when you’ll get it—can be confusing, especially if you’re dealing with pain, stress, and bills piling up.
In this article, we’ll walk you through the basics of indemnity benefits, when you can get them, the different types available, and how they’re calculated so you know what to expect.
If you want help filing a workers’ comp claim for indemnity benefits or calculating the compensation you’re entitled to, schedule a free consultation with our experienced work injury lawyers in Pitts, Fitzgerald, Dublin, or Atlanta.
What are indemnity benefits?
Indemnity benefits are payments you receive to make up for lost wages if your work injury or occupational illness keeps you from working. If you’re temporarily unable to work, these benefits help replace part of your income (typically two-thirds) while you’re recovering. If your injury prevents you from ever returning to work, you may be entitled to permanent disability payments based on your assigned disability rating.
A worker who needs to stop working so that they can recover, may be placed on work restrictions by their authorized treating physician that either limit their ability to work totally or partially, meaning they can still work in some capacity but only with light-duty work restrictions. These restrictions must come from the authorized treating physician, not your own personal doctor.
While Georgia workers have some rights in choosing their authorized treating physician, it’s important to understand that you can’t be diagnosed by just any doctor.
You do have the right to change to a different workers’ comp doctor if you’re not satisfied with the original one you chose as long as they’re on your employer’s approved panel of physicians.
If you find yourself in this situation and are getting any pushback from your employer or their insurer, reach out to a local Georgia workers’ compensation attorney who can help protect your rights.
How to calculate Georgia workers’ comp indemnity payments
If your authorized treating physician has taken you totally out of work for more than 7 days, you may be entitled to different types of workers’ compensation benefits, including payments for any necessary medical treatment and indemnity payments (based upon calculations we’ll explain below).
There’s a 21-day waiting period before you start receiving indemnity workers’ comp (known as TTD or TPD benefits), but you are entitled to them.
Temporary Total Disability (TTD) benefits
If you’re injured on the job and can’t work at all while you recover, you may be entitled to temporary total disability (TTD) benefits.
The best way to calculate how much weekly benefits you’re entitled to is to take your average weekly wage total of the 13 weeks prior to your injury and divide by 13. Then, calculate two-thirds of that weekly average. This number is your workers’ compensation rate.
(Note: The maximum benefits you can receive per week as of July 1, 2023 is $800.)
Not all workers’ compensation cases are this easy, though.
For example, what if you weren’t working for the company where you were injured for the full 13 weeks prior to your injury? There are different methods we can use to determine your average weekly if that’s the case. One method is to take the wages of a similarly situated employee to determine what you would have made. Another method is to divide the total you made by the actual number of hours you worked.
If you are placed on work restrictions and your employer cannot accommodate them, then you’re eligible for indemnity benefits. Two things need to occur in this scenario:
- The authorized treating physician must place you on restrictions
- The employer must not be able to offer you work within these restrictions.
This isn’t a decision that you, the injured employee, can make unilaterally. There has to be a definitive statement by the employer that they cannot accommodate the work restrictions the doctor ordered.
We have many clients tell us that they “know” that their employer doesn’t offer light duty work. Often, though, employers can create light duty jobs for injured workers, which might be totally different than what the injured worker’s primary job was.
Once you receive temporary total disability benefits, your legal status changes and you’re entitled to numerous other rights under Georgia’s workers’ compensation statute. Some examples of this are the right to an independent medical examination with a doctor of your own choosing and the right to have all jobs offered by your employer approved by the authorized treating physician.
An injured worker is eligible for TTD disability benefits for up to 400 weeks in Georgia. However, if the injury is catastrophic and the worker is permanently and totally disabled, meaning they can no longer work in any capacity, TTD benefits can continue for the rest of their life (lifetime benefits).
Temporary Partial Disability (TPD) benefits
If you were injured on the job and are performing light duty work within your doctor-prescribed restrictions but earning less than before your injury, then you’re entitled to TPD benefits. The amount you’re owed may fluctuate on a weekly basis depending on your income.
The best way to calculate how much your owed in TPD benefits is to determine what your pre-injury average weekly wage is (take your average weekly wage total of the 13 weeks prior to your injury and divide by 13) and subtract it from your current weekly earnings. You are entitled to two-thirds (⅔) of that amount.
(Note: As with TTD benefits, there’s a cap on what you may be owed. As of July 1, 2023, the cap on TPD benefits is set at $533 per week.)
An injured worker is eligible for TPD benefits for up to 350 weeks in Georgia.
Need help getting indemnity benefits after a work injury in Atlanta?
If your employer refuses to start paying TTD or TPD benefits or you wish to calculate your average weekly wage, then contact our experienced Georgia workers’ compensation lawyers. We can ensure you receive maximum wage loss benefits and clearly explain your legal options.
Schedule your free consultation with Gerber & Elkins Workers’ Compensation Attorneys today to discuss compensation for your workplace injury before the statute of limitations runs out on your case. We charge no attorney fees until we’ve helped secure your workers’ compensation benefits.
How much is my injury worth? Use our calculator to find out your full compensation for Georgia permanent partial disability (PPD) benefits.
Learn which activities are okay (and not okay) to do while receiving Georgia workers’ comp benefits so you don’t compromise your claim.
