Temporary Partial Disability Benefits under Georgia’s workers’ compensation can help make up some of the difference between your income at the time of your injury and your new income if you have to take a lower-paying job when you return to work. The injury must be the reason you take the lower-paying job.
To get a free case consultation, call S. Burke Law at 404-842-7838.
Eligibility Requirements for Temporary Partial Disability Benefits under Georgia Workers’ Compensation
Qualifying for Temporary Partial Disability (TPD) benefits is a multi-step process. Your case must satisfy every one of these factors:
- You must be working at a job that is eligible for Georgia Workers’ compensation Benefits at the time of your injury or illness.
- You must have sustained an on-the-job injury or illness that meets the requirements for workers’ compensation benefits.
- You must obtain your medical treatment from an approved provider. Your employer maintains a list of the approved providers.
- You must return to work when your treating doctor releases you to do so.
- You must be unable to return to your previous position because of the injury or illness.
- The position you take after the injury or illness must pay less than the position you held at the time of the injury or illness.
To speak with a workers’ compensation lawyer in Atlanta, call S. Burke Law at 404-842-7838.
When the Temporary Partial Disability Payments are Payable
You must be back at work before you can get TPD benefits. You can only get TPD benefits for up to 350 weeks from the date of injury. So, if you were out of work for 50 weeks getting medical treatment and rehabilitating from the injury, you can only get TPD benefits for up to 300 weeks.
How to Calculate Partial Temporary Disability Benefits
PTD benefits will pay two-thirds of the difference between your previous average wage and your new wage. Let’s say that you were working at a $25-an-hour job for 40 hours a week when you got hurt. After medical treatment and recuperation, you came back to work but had to take a $20-an-hour job and could only work 30 hours a week because of the injury.
You previously earned $1,000 a week ($25 an hour for 40 hours a week). Your new income is $600 a week ($20 an hour for 30 hours a week). The difference in your wages is $400 a week. Your TPD benefits will be two-thirds of the difference, which is $266.67 a week.
Call S. Burke Law at 404-842-7838 to get a free consultation about your case.
There are four basic income benefits under Georgia Workers’ compensation:
- Temporary Total Disability Benefits
- Temporary Partial Disability Benefits
- Permanent Partial Disability Benefits
- Death Benefits.
Georgia law does not allow recipients to combine benefits. You can only receive one type of benefit at a time.
You might receive Temporary Total Disability Benefits after the on-the-job injury while you undergo medical procedures and wait for your body to heal, if the doctor says that you cannot work during this time. After the treating physician certifies that you are done with your medical care and ready to return to work, your Temporary Total Disability Benefits will stop. If appropriate, you might receive Temporary Partial Disability Benefits or Permanent Partial Disability Benefits at that point.
What Happens if Your Partial Disability Becomes Permanent
If your condition warrants it, your authorized treating physician can evaluate your residual (permanent) disability. Injury ratings are not automatic in all injuries.
The doctor will use the current AMA Guidelines for this assessment. Georgia law provides a mathematical formula for the physician to use, including a number of weeks, your disability percentage rating, and the TTD rate. You cannot receive both Temporary Partial Disability Benefits and Permanent Partial Disability (PPD) Benefits at the same time. Once you exhaust your TPD benefits, you might start receiving PPD benefits.
Occupational-Related Diseases and Temporary Partial Disability
If your employment caused you to suffer an occupational-related disease, you might qualify to receive Temporary Partial Disability Benefits under Georgia workers’ compensation law. The disease must satisfy the applicable legal tests.
How Partial Disability Works for Catastrophic Injuries
Georgia law has a special procedure for catastrophic injuries that happen at work. An extremely severe injury, like the loss of a limb or a severe burn, is a catastrophic injury for purposes of Georgia workers’ compensation.
As long as you cannot work at all, you will get Temporary Total Disability (TTD) benefits. Despite the word “Temporary” in the name, these benefits are unlimited. Catastrophic injuries receive TTD benefits as long as you cannot work at all.
Once you return to work, the TTD benefits cease. If your new job pays less because of your injury, you might then qualify for Temporary Partial Disability benefits. Once those benefits end, Permanent Partial Disability benefits will begin.
How to Get Help with Your Partial Temporary Disability Benefits Claim
You can call S. Burke Law at 404-842-7838 to set up your free consultation on your Georgia workers’ compensation case.