BASIC (09-08)

DI 52120.060 Georgia Workers’ Compensation (WC)

A. Types of WC payments and payment provisions

1. Temporary Total (TT) and Permanent Total (PT)

  • Payment amount

    Georgia WC pays 2/3 of the average weekly wage unless it exceeds the maximum or is below the minimum determined by the State. The maximum and minimum benefit may be adjusted periodically. For up to date maximum and minimum information contact the Georgia State Board of Workers’ Compensation.

  • Length of payments

    Georgia WC TT benefits will not pay any more than 400 weeks. Benefits may pay longer if the injury is determined to be “catastrophic” by the State.

    NOTE: The State does not use the language of “Permanent Total” or “PT”, but they do provide for benefits to last the duration of the disability if it meets the State’s definition of “catastrophic”. For more information about catastrophic injuries visit the State’s website provided below.

2. Temporary Partial (TP)

  • Payment amount

    TP pays 2/3 of the loss in wages. The loss in wages is the difference between earnings before the injury and earnings after the injury. The State does impose a weekly maximum that is adjusted periodically.

  • Length of payments

    TP benefits pay for a maximum of 350 weeks.

3. Permanent Partial (PP)

PP benefits are paid only after TT or TP benefits have already been paid. Upon return to work or loss of eligibility to receive TT or TP benefits, the individual can receive PP benefits.

The maximum number of weeks that PP benefits can be paid is determined on a case by case basis. The total number of weeks depends upon the body part and the severity of the disability.

4. Lump Sum Awards

  • Addendum to Lump Sum Settlement

    Georgia State WC laws allow the individual to file for an addendum to the Lump Sum settlement.

    To qualify for an addendum and for the decision to be applicable the appeal must be filed within 20 days from the date of the original Lump Sum award AND meet one of the following criteria:

    • An apparent mistake in the record of the case

    • A change in the individual’s condition

    • Members of the board acted without or in excess of their powers

    • The decision was obtained due to fraud

    • The facts found by the members do not support the decision

    • There is not sufficient and competent evidence in the record to warrant the members making the decision

    • The decision is contrary to the law.

B. Cost-of-living Adjustments (COLAs)

Georgia does not provide any cost of living increases.

C. Attorney fees

  • Limited to 25 percent of weekly benefits

  • Limited to 400 weeks unless an extension is filed and good cause for the extension is demonstrated.

D. Retirement Insurance Benefits (RIB) considerations

Georgia does not offset WC due to the receipt of RIB.

E. Verifying WC

Send form SSA-1709 directly to the individual’s employer or employer̵