Temporary Partial Disability
When a work disability results from an injury suffered on the job is partial in character but temporary in quality, it is referred to as a temporary partial disability. Temporary partial disability benefits are payable to employees who are determined by authorized treating physicians to be unable to work full duty.
People are generally entitled to temporary partial disability benefits for a limited time. It is important for workplace injury victims to make sure that employers and insurance companies are correctly calculating these benefits.
Attorney for Temporary Partial Disability in Atlanta, GA
Did you or your loved one sustain an injury on the job in Georgia that has resulted in a reduction in your personal income? You should avoid speaking to an insurance company until you have first contacted The Balams Firm.
Atlanta personal injury lawyer ReShea Balams represents clients with workers’ compensation issues in East Point, Forest Park, Alpharetta, Dunwoody, Norcross, Smyrna, Sandy Springs, Milton, and many surrounding areas of Gwinnett County, Clayton County, Cobb County, DeKalb County, and Fulton County.
Call (404) 445-2005 right now to have our attorney provide an honest and thorough evaluation of your case during a free initial consultation.
Overview of Temporary Partial Disability in Georgia
- How are temporary partial disability benefits different from permanent partial disability benefits?
- How are temporary partial disability benefits are determined?
- Where can I find more information about temporary partial disability in Atlanta?
Permanent partial disability refers to a disability partial in character but permanent in effect, whereas a temporary partial disability refers to a disability that affects the employee’s current earnings but will allow him or her to heal and ultimately regain his or her maximum wage. Partial disability benefits allow employees to obtain benefits that are a percentage of the difference between their pre-injury wages and their current wages.
In general, two of the most common scenarios in which employees can be entitled to temporary partial disability benefits include:
- Medical restrictions on the number of hours that can be worked; or
- Medical restrictions on the nature of the work that can be performed.
Temporary partial disability benefits typically continue until an employee has been medically cleared to return to work.
Under Georgia Code § 34-9-260, an injured employee’s average weekly wage (AWW) at the time of the injury must be taken as the basis upon which to compute compensation and will be determined as follows:
- If an injured employee worked during substantially the whole of 13 weeks immediately preceding his or her injury, the AWW would be one-thirteenth of the total amount of wages he or she earned in such employment during the 13 weeks;
- If an injured employee has not worked in such employment during substantially the whole of 13 weeks immediately preceding the injury, the wages of a similar employee in the same employment who has worked substantially the whole of such 13 weeks shall be used in making the AWW determination; or
- If neither of the aforementioned methods can be reasonably and fairly applied, the full-time weekly wage of the injured employee shall be used.
Georgia Code § 34-9-262 establishes that compensation for temporary partial disability should be equal to two-thirds of the difference between the AWW before the injury and the AWW the employee is able to earn thereafter. Temporary partial disability benefits cannot be more than $383 per week for up to 350 weeks.
Georgia Code § 34-9-262. Compensation for temporary partial disability — View the full text of the state law governing compensation for cases in which the disability to work resulting from the injury is partial in character but temporary in quality. Under this statute, an employer must pay an employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter. The benefit cannot be more than $383 per week for a period of up to 350 weeks from the date of injury.
Summary of Workers’ Compensation Provisions | State Board of Workers’ Compensation — You can see a complete table that includes all workers’ compensation benefits in Georgia. The temporary partial disability section lists the maximum weekly benefit, maximum weekly duration from the date of the injury, and the percent of the difference in wages before and after an injury. You can also find the total maximum compensation for these types of cases.
Find a Temporary Partial Disability Lawyer in Atlanta, GA
If you or your loved one suffered an injury that has affected your ability to earn the wages you were earning before being injured on the job, it is in your best interest to make sure that you quickly find legal representation. The Balams Firm helps people in communities all over Clayton County, Gwinnett County, Fulton County, DeKalb County, and Cobb County, such as Sandy Springs, Smyrna, Forest Park, Milton, East Point, Alpharetta, Dunwoody, Norcross and many others.
ReShea Balams is an experienced personal injury attorney in Atlanta who understands the complexity of partial disability claims and can work to make sure your employer pays you every last dollar you are entitled to.
You can have her review your case and answer all of your legal questions when you call (404) 445-2005 or complete an online contact form to set up a free, no-obligation consultation.