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Thread: Employer Spin

  1. #1
    Join Date
    Sep 2011
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    33

    Default Employer Spin

    My workers compensation claim was made in the State of: GA

    My employer has stated now that they are not sure "what I am" since I have not been able to return to full duty. I was released in Dec. with restrictions and they have made nothing available. How can they not know my employee status??? Really??? I am still getting TTD payments. Are they buying time or just riding the train?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
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    18,045

    Default Re: Employer Spin

    I was released in Dec. with restrictions and they have made nothing available.
    I am still getting TTD payments.
    If you have been released to return to work, you are no longer "100% disabled", you should not be paid TTD...
    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.
    As your Dr has released you...you should have a face to face meeting with your ER to determine if a job is available within your restriction. If not... you could be eligible for UI benefits.

    Where is your attorney?
    Are they buying time or just riding the train?
    Buying time?... for what, there is no benefit to the ER in delaying your return to work...they either have a job, or they don't.

    "riding the train" ?... ?

  3. #3
    Join Date
    Sep 2011
    Posts
    33

    Default Re: Employer Spin

    BViA
    I have 2 injuries on same claim. SX coming up for one this week. I do have an AA but, he says all is good as far as benefits. I have talked MANY times with the ER and they have NO insight or offers. They are actually appearing to be ignorant to the entire WC process. AA says not to worry, but I feel I may be losing with the UI, as you mentioned, but he says I cannot draw UI. I had just decided to go ahead with the SX recently, but they still had 1+ months to have a position available. They have filled my position as of late summer. Been on WC since 6/11.

    By riding the train ...I mean they are not committing to providing a position. Why not just let me go or lay me off? They know I will NEVER be able to return to my previous job. Period. I am not gonna quit, so why are they just so stagnant?? Just trying to wrap my head around all this.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
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    Default Re: Employer Spin

    By riding the train ...I mean they are not committing to providing a position. Why not just let me go or lay me off? They know I will NEVER be able to return to my previous job. Period. I am not gonna quit, so why are they just so stagnant?? Just trying to wrap my head around all this.
    What difference does it make?
    They are not paying you... there is no reason to lay off, or termiate...that's an ER internal business decision... don't try to wrap your head around this...unless you were the CEO of the company.

    Whether or not your job was filled, or left open... what does it matter to you...
    As long as you are receiving the benefits you are entitled to... you are in no jeapordy.

    Things/responses have a tendency to change as more info trickles out... you have opted to have the SX...you are not "ready willing and able to accept suitable employment if offered", you are not eligible for UI.

  5. #5
    Join Date
    Feb 2007
    Location
    florida
    Posts
    618

    Default Re: Employer Spin

    My understanding of Ga statute is that if you are released to rtw with restrictions and none is available then TTD is continued.

  6. #6
    Join Date
    Feb 2007
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    Calif
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    Default Re: Employer Spin

    Quote Quoting ADJ View Post
    My understanding of Ga statute is that if you are released to rtw with restrictions and none is available then TTD is continued.
    Agree...until you are released to return to work when the healing period had ended...MMI, you would be entitled to TTD... up to the max, or as long as Dr certifies disability exists.

    In reading the GA statutes, there are no provisions for "PTD" after being declared MMI and rated.
    The statute provides for TTD/Temp TOTAL Disability as long as disability exists... but even years down the line, if an IW condition changes, those TTD benefits may cease, and PD indemnity begin.

  7. #7
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,930

    Default Re: Employer Spin

    Quote Quoting ADJ View Post
    My understanding of Ga statute is that if you are released to rtw with restrictions and none is available then TTD is continued.
    Quote Quoting BvIA View Post
    Agree...until you are released to return to work when the healing period had ended...MMI, you would be entitled to TTD... up to the max, or as long as Dr certifies disability exists.

    In reading the GA statutes, there are no provisions for "PTD" after being declared MMI and rated.
    The statute provides for TTD/Temp TOTAL Disability as long as disability exists... but even years down the line, if an IW condition changes, those TTD benefits may cease, and PD indemnity begin.
    Perhaps a little read here can clarify that THERE certainly IS a TPD provision:

    http://www.lexisnexis.com/hottopics/gacode/default.asp

    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.


    This happens when one of two things take place MMI W/restrictions and no job with ER or job with ER that is making enough less money for this provision to be applied. Otherwise max TTD is 400 weeks IF NOT RTW Full Duty. IF RTW w/restrictions and making less money or released and no job then at the 52 week mark since DOI, (or 78 weeks in aggregate IF there is a break in TTD to TPD status then back to TTD and again TPD), benefits convert to TPD for up to an additional 350 weeks.

    Validation of last paragraph can be found here: (As well as reading the information at the link provided above.)

    http://www.files.georgia.gov/SBWC/Fi...e_handbook.pdf

    As living proof my settlement included right at $30K in unpaid PTD benefits in addition to my PPD AND open lifetime medical.
    Last edited by SteelMagnolia; 02-16-2012 at 05:14 PM.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
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    Default Re: Employer Spin

    Perhaps a little read here can clarify that THERE certainly IS a TPD provision:
    Not "TPD" Steele... but "PTD" Temporary Partial Disability, vs Permanent Total Disability. Don't see anything in the GA statutes, at Lexisnexis regarding PTD...

  9. #9
    Join Date
    Mar 2007
    Location
    Georgia
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    1,930

    Default Re: Employer Spin

    Quote Quoting BvIA View Post
    Not "TPD" Steele... but "PTD" Temporary Partial Disability, vs Permanent Total Disability. Don't see anything in the GA statutes, at Lexisnexis regarding PTD...
    Then apparently you choose NOT to read it. I provided the quote and link. AND FYI BvIA in GA it is referred to as Temp Partial Disability benefits, ergo TPD NOT PTD. PTD in GEORGIA is considered Perm Total Disability or having catastrophic listing designation and is paid at TTD rate indefinitely or until there is a change of condition for the better.

    Perhaps a quick run to get your eyes checked would be a good idea. I mean geezs I've only lived in this state for a little over a quarter of a century AND I had an open WC claim for right at four years before I settled it. But what could I possibly know about the state I live in right. READ the quoted statement in my last post:


    "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."

    Do you need the link again? That is a direct quote from the Georgia Statues. Can't help you don't like it but it darn sure is EXACTLY the wording of the laws in this state.

    Now if you would like my attorney's information let me know and I'll PM it to you and you can tell a man that graduated law school, passed the state of Georgia bar exams, AND is licensed to practice law in Georgia, AND has over 20 years working WC cases in this state that he doesn't know what the hell he is talking about.


    In the mean time perhaps you might consider playing in someone else's sand box I am beyond sick and tired or you throwing sand in my face!
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  10. #10
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Employer Spin

    Stop being a bitch Steele...there is no reason to increase the size of the font.
    There are NO provisions in the GA WC Act to provide for PERMANENT TOTAL DISABILITY... show me the link/site.
    TPD is not the same ... PARTIAL is -not the same as TOTAL. You are contradicting your own site/authority... where the disability to work resulting from the injury is partial in character but temporary in quality,

    In the mean time perhaps you might consider playing in someone else's sand box I am beyond sick and tired or you throwing sand in my face!
    Perhaps a quick run to get your eyes checked would be a good idea. I mean geezs I've only lived in this state for a little over a quarter of a century AND I had an open WC claim for right at four years before I settled it. But what could I possibly know about the state I live in right.
    hum... how about getting over yourself, if you can step that high. Living there, and actually paying attention to what goes on around you are not the same... reading skills have nothing to do with it... but understanding what you read does. Clear the sand from your eyes... you give new meaning to "SRB", if you can't get that one... PM me.

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