Currently, an injured worker can receive up to $450.00 per week in workers’ compensation disability checks. Most injured workers and attorneys who do not practice workers’ compensation law do not know that this amount can be reduced to only $300.00 per week automatically, even if the injured worker is still disabled and cannot work. Georgia workers’ compensation law also says that an injured worker can collect weekly benefits for up to 400 weeks from the date they were injured in non-catastrophic cases, right? Wrong again. Again, those unfamiliar with this area of law do not know that maximum time to collect weekly income benefits can automatically be reduced from 400 weeks to 350 weeks from the date an injured worker got hurt.
The basis for all of this is O.C.G.A 34-9-104. This law states the following:
O.C.G.A. 34-9-104(2) When an injury is not catastrophic, as defined in subsection (g) of Code Section 34-9-200.1, and the employee is not working, the board shall determine that a change in condition for the better has occurred and the employee shall be entitled to the payment of benefits for partial disability in accordance with Code Section 34-9-262 if it is determined that the employee has been capable of performing work with limitations or restrictions for 52 consecutive weeks. Within 60 days of the employee’s release to return to work with restrictions or limitations, the employer shall provide notice to the employee on a form provided by the board that will inform the employee that he or she has been released to work with limitations or restrictions, will include an explanation of the limitations or restrictions, and will inform the employee of the general terms of this Code section. In no event shall an employee be eligible for more than 78 aggregate weeks of benefits for total disability while such employee is capable of performing work with limitations or restrictions (remainder omitted).
Here is an example: An injured workers has been collecting $400.00 per week since his injury. The worker had an on the job injury on January 1, 2004. He was released to light duty work on January 1, 2005 by the workers’ compensation doctor. Shortly after being released to light duty, the insurance company sends him and his attorney a Form WC-104 which tells him that they plan to reduce is pay from $400.00 per week to $300.00 per week 52 weeks later which is January 1, 2006. On January 1, 2006 the insurance company will reduce his weekly checks from $400.00 to $300.00 per week even if the injured worker is not any better. Almost equally as bad is the fact that injured worker loses 50 weeks, or almost one year, of eligibility for income benefits. Once again, this has nothing to do with how badly the person is injured – - it is an automatic reduction based on a bad law.
There is hope, though. An attorney experienced in this area can find one or several flaws with the notice (Form WC-104) that the employer / insurance company sends out. Sometimes, the Employer does not file the form within 60 days from the date of light duty. Other times, the form was not filed with the State Board of Workers’ Compensation. The best advice is to consult with an experienced Georgia workers’ compensation attorney when this issue arises as there are other pitfalls into which insurance companies fall.
