Changes to the Workers’ Compensation Act

Every year, the Georgia State Legislature in cooperation with the Chairman of the State Board of Workers’ Compensation passes legislation that in some way affects the Workers’ Compensation Act.  Generally, once the legislation is passed and signed by the Governor, the new laws go into effect July 1st of that year.

During the 2015 legislative session, both sections of the Workers Compensation Act involving weekly income benefits were amended.  If you are disabled due to a work-related injury, the date of your injury and the amount of your pre-injury average weekly wage are the two factors determining the amount of your weekly income benefit.  O.C.G.A. §34-9-261 is the statute which addresses temporary total disability benefits.  This statute was amended to increase the maximum weekly benefit from $525.00 per week to $550.00 per week.  This means that if you are totally disabled and unable to earn a wage due to your work injury, and your accident date was between July 1, 2013, and June 30, 2015, the maximum temporary total disability benefit you can receive is $525.00 per week.  For all work injuries occurring on or after July 1, 2015, the maximum temporary total disability benefit is now $550.00 per week.

O.C.G.A. §34-9-262 is the statute which addresses temporary partial disability benefits.  This income benefit is paid when an injured worker is earning less, post-injury, due to restrictions or other limitations due in part to the work injury.  This statute was amended increasing the maximum temporary partial disability benefit rate from $350.00 per week to $367.00 per week.  This means that if you are partially disabled due to your work injury, and your accident date was between July 1, 2013, and June 30, 2015, the maximum temporary partial disability benefit you can receive is $350.00 per week.  For all work injuries occurring on or after July 1, 2015, the maximum temporary partial disability benefit is now $367.00 per week.

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