[quallao]

I was injured in May 07 at work. Did everything I was supposed to do. Ins. company sat on it and kept me in braces for so long I ended up having to have surgery. Was ordered back to work on light duty right after surgery in Oct. Have been doing that since and trying to live on 10-12 hrs. a week pay is killing me financially. The pay difference comes 6+ weeks after pay day. Atty. is in negotiations to settle but in the meantime, I have kids to feed and a house to take care of. At what point will the laws step in and protect me from losing everything I used to be able to work so hard for? I used to work an average of 50 hours/wk!

[LawResearcherMissy]

Your situation sounds typical of other injured workers.

These folks know a ton about WC proceedings, you may find them helpful.

[4eyedbuzzard]

At what point will the laws step in and protect me from losing everything I used to be able to work so hard for? I used to work an average of 50 hours/wk!

Bluntly, the state simply won't protect you beyond what is provided for in the statute(see quote below). It sucks, but it's the law, and GA WC benefits are amongst the lowest in the nation - [warning political commentary follows] thank your elected state legislators for caring more about employer's WC premiums than protecting workers. Sometime you read about people abusing the WC system, but it's actually pretty rare. For every story in the media about someone malingering or defrauding WC there are 100 untold ones about workers who suffer severe financial hardship because of inadequate protection under current WC laws. [A pet peeve and political cause of mine as you can tell.]

I'm in a similar situation in a different state. I'll never be able to return to my previous type of employment, and though I've received wage benefits, vocational rehab, and will receive a permanent impairment award, it won't come close to replacing the income I've lost and will lose over the remainder of my career. I was an industrial electrician for 30 years, earning top union scale wage rates, and working 50 to 60 hours per week prior to suffering two back injuries. Now I have a 15 lb lifting restriction which even with treatment will probably never increase to more than 25 lbs when I reach maximum medical improvement. I'll never be able to return to my previous type of work. The end result is that I will probably earn about half of what I used to and I doubt I'll ever get back to near my prior earning potential. All I can do is try to get the best settlement possible, train for lighter more administrative/supervisory jobs by going back to school, and move on with life.

In GA, for temporary total disability you receive 2/3 of your average weekly wage up to $500/wk max benefit; for temporary partial(on light duty, etc) 2/3 of the difference between your current wage and your average weekly wage up to $334/wk max benefit. You may be entitled to a permanent partial disability payment(permanent impairment award) as well.

You can read the entire code at http://www.lexis-nexis.com/hottopics/gacode/ The site is a bit difficult to navigate. I have quoted some of the statutes that may apply to your situation - but there may be more as well.

Good luck with your case. Get the most knowledgable and ruthless lawyer possible. "Sharks" are good things when they're on your side.

§ 34-9-261. Compensation for total disability


While the disability to work resulting from an injury is temporarily total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $500.00 per week nor less than $50.00 per week, except that when the weekly wage is below $50.00, the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shall be payable for a maximum period of 400 weeks from the date of injury; provided, however, that in the event of a catastrophic injury as defined in subsection (g) of Code Section 34-9-200.1, the weekly benefit under this Code section shall be paid until such time as the employee undergoes a change in condition for the better as provided in paragraph (1) of subsection (a) of Code Section 34-9-104.

§ 34-9-262. Compensation for temporary partial disability


Except as otherwise provided in Code Section 34-9-263, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the 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 but not more than $334.00 per week for a period not exceeding 350 weeks from the date of injury.


§ 34-9-263. Compensation for permanent partial disability


(a) Definition. As used in this chapter, "permanent partial disability" means disability partial in character but permanent in quality resulting from loss or loss of use of body members or from the partial loss of use of the employee's body.

(b) Payment of benefits.

(1) In cases of permanent partial disability, the employer shall pay weekly income benefits to the employee according to the schedule included within this Code section. These benefits shall be payable without regard to whether the employee has suffered economic loss as a result of the injury, except as herein provided.

(2) Income benefits due under this Code section shall not become payable so long as the employee is entitled to benefits under Code Section 34-9-261 or 34-9-262.

(3) If any employee is receiving benefits under this Code section and experiences a change in condition qualifying the employee for income benefits under Code Section 34-9-261 or 34-9-262, any payments under this Code section shall cease until further change of the employee's condition occurs.

(c) Schedule of income benefits. Subject to the maximum and minimum limitations on weekly income benefits specified in Code Section 34-9-261, the employer shall pay weekly income benefits equal to two-thirds of the employee's average weekly wage for the number of weeks determined by the percentage of bodily loss or loss of use times the maximum weeks as follows:
Bodily Loss Maximum Weeks

(1) Arm............................................... ................225

(2) Leg............................................... ................225

(3) Hand.............................................. ................160

(4) Foot.............................................. ................135

(5) Thumb............................................. ............... 60

(6) Index finger............................................ ......... 40

(7) Middle finger............................................ ........ 35

(8) Ring finger............................................ .......... 30

(9) Little finger............................................ ........ 25

(10) Great toe............................................... ........ 30

(11) Any toe other than the great toe................................ 20

(12) Loss of hearing, traumatic
One ear............................................... ......... 75
Both ears.............................................. .........150

(13) Loss of vision of one eye........................................150

(14) Disability to the body as a whole................................300

(d) Impairment ratings. In all cases arising under this chapter, any percentage of disability or bodily loss ratings shall be based upon Guides to the Evaluation of Permanent Impairment, fifth edition, published by the American Medical Association.

(e) Loss of more than one major member. Loss of both arms, hands, legs, or feet, or any two or more of these members, or the permanent total loss of vision in both eyes shall create a rebuttable presumption of permanent total disability compensable as provided in Code Section 34-9-261.