Many injured workers are unable to perform work after their injury. In Georgia, Temporary Total Disability (TTD) Benefits are a partial wage replacement available when you are unable to work due to an occupational injury.
You should receive TTD benefits if one of the following is true:
- The workers compensation doctor takes you out of work completely or the employer can not accommodate your light duty restrictions or even though you are still an employee.
- If you are terminated for reasons unrelated to your injury, your claim for income benefits will generally be denied, even if the doctor has you on a light duty restriction. If you are on light duty, you have an obligation to conduct a diligent light duty job search in order to be entitled to income benefits when you are terminated or your employer does not have work available
The TTD benefit is 2/3 of your average weekly wage. The average weekly wage is calculated based on pay from your previous thirteen weeks immediately preceding the accident. If you are employed less than thirteen weeks it is calculated from the gross weekly earnings of a similar employee in the same employment. The maximum compensation rate in Georgia was updated July 1, 2019, to $675 per week. You may be eligible for a 15% late payment penalty if the benefit check is not received within 21 days of the out of work date or the light duty restriction date.
For non catastrophic injuries, you will continue to received TTD Benefits for up to 400 weeks or until the following occurs:
- The doctor returns you to work and you become eligible for Permanent Partial Disability (PPD) benefits;
- You return to work on your own;
- You return to work light duty and become eligible for Temporary Partial Disability (TPD) benefits;
If you are released to light duty at any point, your entitlement to weekly TTD checks end after 350 weeks.
For Example: A worker starts working at a distribution center and herniates a disc in her back the first day on the job. She was making $10 per hour starting out while her more experienced coworkers were making $12 per hour. She does not have 13 weeks of pay history so it is arguable that she should be compensated at the rate of similar employees making $12 per hour.
$12 X 40 Hours / Week = $480 X 2/3 = $320 per week Vs:
$10 X 40 Hours / Week = $400 X 2/3 = $266.67 per week
She has a serious injury and will likely be out of work completely for one year. In the one year she is out of work the difference is Temporary Total Disability (TTD) Benefits when you consider the future TPD and PPD benefits owed to the client.
It is very important to hire a workers compensation specialist like the attorneys at ReisLaw that can identify these provisions allowed by Georgia Workers Compensation law and make sure you get the best result possible.
Call (404) 876-4200 today. Without an experienced attorney, injured workers are frequently taken advantage of by unscrupulous employers and insurance adjusters looking to save a buck at your expense.