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When a work injury keeps you off the job, one of your first concerns is how you will pay your bills. Georgia’s workers’ compensation system provides wage-replacement benefits designed to cover part of the income you lose while you recover. Knowing how those benefits are calculated helps you confirm you are being paid fairly.
Workers’ compensation does not replace 100% of your wages. Instead, it pays a portion based on your earnings before the injury, subject to limits set by state law. The exact type and amount of benefit depend on whether you are completely unable to work or able to work in a reduced capacity.
If your weekly checks seem too low or have stopped, a Georgia workers’ compensation lawyer can review the calculation and make sure you are receiving everything you are owed.
Georgia wage-replacement benefits start with your average weekly wage, which is usually based on your gross earnings during the 13 weeks before your injury. When you are completely unable to work, you generally receive temporary total disability (TTD) benefits equal to two-thirds (66 2/3%) of that average.
There is a cap, however. No matter how high your wages were, your weekly benefit cannot exceed the maximum amount set by Georgia law for your date of injury. The state periodically increases this maximum, so the cap that applies depends on when you were hurt.
Because the calculation begins with your average weekly wage, an error in that figure directly lowers your check—one reason it is worth verifying carefully.
Not every injured worker is completely unable to work. If your doctor releases you to lighter or reduced-hour duty and you earn less than you did before the injury, you may qualify for temporary partial disability (TPD) benefits instead.
TPD generally pays two-thirds of the difference between your pre-injury average weekly wage and what you are able to earn now, up to a separate maximum set by law. For example, if you earned $600 before and now earn $300 on light duty, TPD would generally pay about two-thirds of that $300 difference.
These benefits help bridge the gap while you transition back to full earning capacity, and they have their own time limits under Georgia law.
The duration of wage benefits depends on the type and severity of your injury. For most non-catastrophic injuries, temporary total disability benefits are capped at 400 weeks from the date of injury, while temporary partial disability benefits have a shorter limit.
Catastrophic injuries—such as severe brain or spinal cord injuries—are treated differently and are not subject to the 400-week cap, allowing benefits to continue much longer. Determining whether an injury is catastrophic can dramatically change the total value of a claim.
If your benefits end sooner than you expected, a Decatur workers’ compensation lawyer can help you determine whether they were stopped properly.
Workers’ compensation wage benefits are generally not subject to federal or state income tax. This is part of the reason the system pays two-thirds of your wages rather than the full amount—the benefit is meant to approximate your take-home pay after taxes.
Understanding this can help you plan financially while you are out of work. For a fuller picture of what the system provides beyond wage replacement, see our overview of the benefits workers’ compensation covers.
Georgia workers’ compensation generally pays two-thirds (66 2/3%) of your average weekly wage when you are completely unable to work, up to a maximum set by state law for your date of injury.
Yes. If you return to lighter or reduced-hour work and earn less than before, you may receive temporary partial disability benefits—generally two-thirds of the difference between your old and new wages, up to a separate cap.
Yes. No matter how high your wages were, your weekly benefit cannot exceed the maximum set by Georgia law for your injury date. The state periodically raises this maximum.
Generally no. Workers’ compensation wage benefits are typically not subject to federal or state income tax, which is part of why the system pays two-thirds of wages rather than the full amount.
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