Macon, Georgia Workers Compensation Lawyers
In order to help client’s recover from accidents that occur at work, it is important that your lawyer has an extensive understanding of both Georgia worker’s compensation law and Georgia personal injury law. The difference in how the case will be handled as a workers compensation case or as a personal injury case is substantial. If you have been injured on the job and you need a lawyer in Macon, Georgia, The Sessions Law Firm can help. We have the resources required to fully investigate and pursue this case on your behalf.
If you are hurt while working but someone other that your employer caused your injuries, you may have a personal injury case against the person or company that caused your injuries. It is important that other sources of liability beyond your employer be investigated intensively. The liability of your employer can be limited as a result of Georgia’s worker’s compensation laws, but liability of another party for your injuries may provide a basis for full compensation.
HOW IS MY PAY CALCULATED WHEN I RECEIVE WORKERS’ COMPENSATION BENEFITS?
Except as otherwise provided, the average weekly wages of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation and shall be determined, subject to limitations as to the maximum and minimum amounts provided for in Code Sections 34-9-261 and 34-9-265, as follows:
(1) If the injured employee shall have worked in the employment in which he was working at the time of the injury, whether for the same or another employer, during substantially the whole of 13 weeks immediately preceding the injury, his average weekly wage shall be one-thirteenth of the total amount of wages earned in such employment during the 13 weeks;
(2) If the injured employee shall not have worked in such employment during substantially the whole of 13 weeks immediately preceding the injury, the wages of a similar employee in the same employment who has worked substantially the whole of such 13 weeks shall be used in making the determination under the preceding paragraph;
(3) If either of the foregoing methods cannot reasonably and fairly be applied, the full-time weekly wage of the injured employee shall be used;
(4) If compensation is due for a fractional part of the week, the compensation for such fractional part shall be determined by dividing the weekly compensation rate by the number of days employed per week to compute the amount due for each day;
(5) If the injured employee is a volunteer firefighter included under this chapter for volunteer fire-fighting services rendered to a county or municipality of this state or a volunteer law enforcement officer included under this chapter for volunteer law enforcement services rendered to a county or municipality of this state, such firefighter’s or volunteer law enforcement officer’s average weekly wage shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year, as published by the Georgia Department of Labor;
(6) The average weekly wage of a member of the Georgia National Guard or State Defense Force serving on state active duty pursuant to an order by the Governor shall be the greater of:
(A) Seven-thirtieths of the monthly pay and allowances of the individual at the time of the injury, computed in accordance with Code Section 38-2-250, adjusted from time to time for appropriated increases in such monthly pay and allowances, excluding longevity increases; or
(B) If the injured member of the Georgia National Guard or the State Defense Force worked at the time of the injury in any employment other than serving as a member of the Georgia National Guard or the State Defense Force, the average weekly wage of the individual in such other employment as determined pursuant to paragraphs (1) through (5) of this Code section or, if such individual worked at the time of the injury for more than one employer, the average combined weekly wage of the individual in such multiple employment as determined pursuant to paragraphs (1) through (5) of this Code section.
O.C.G.A. § 34-9-260.
HOW MUCH DO I GET PAID IF I AM TEMPORARILY DISABLED AS A RESULT OF A INJURY AT WORK?
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 $575.00 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.
O.C.G.A. § 34-9-261.
DO YOU NEED THE HELP OF A MACON WORKPLACE INJURY ATTORNEY?
If you need a qualified workers compensation attorney to help you with an injury you suffered while at work, contact The Session Law Firm today at (478) 254-2665.