The Georgia workers’ compensation system provides disability benefits to eligible employees who can no longer work because of a work-related injury. In some states, this is called permanent total disability benefits (PTD). While there is no such thing as permanent total disability benefits in Georgia, qualifying workers can still obtain benefits for a total disability or a catastrophic injury on a permanent basis. However, like most workers’ comp claims, insurance companies don’t always cooperate.
Insurers often cite insufficient evidence, missing paperwork, or pre-existing conditions as grounds to deny a workers’ compensation claim. Don’t let them push you aside. An experienced workers’ compensation attorney from the Law Offices of William F. Underwood, III, P.C. can help you pursue the benefits you deserve.
Why You Need a Workers’ Compensation Lawyer for a Permanent Disability Claim
Seeking Georgia workers’ compensation benefits is a complex and challenging process. Insurance companies scrutinize claims for total disability on a permanent basis closely, looking for reasons to deny or reduce the duration of your benefits. This is because, unlike other workers’ compensation benefits, these benefits can sometimes last for the rest of your life.
At the Law Offices of William F. Underwood, III, P.C., our attorneys can help by:
- Gathering and presenting medical and other evidence to back up your claim for total disability benefits on a permanent basis
- Guiding you through the workers’ compensation system and ensuring you meet all deadlines
- Representing you in hearings or appeals if the insurance company denies your claim
- Protecting your rights throughout the workers’ compensation claims process
- Being available to answer questions and returning your calls within 24 hours
Over the years, our firm has recovered millions of dollars for past clients, including multiple six-figure settlements in workers’ compensation cases. We have also been successful in obtaining catastrophic designations for clients under O.C.G.A. 34-9-200.1(g)(6). While previous results cannot guarantee a similar outcome for you, they do reflect the quality of legal services we provide to hardworking Georgians.
How Does Georgia Define Permanent Total Disability?
GA Code § 34-9-261 states that if a worker suffers a catastrophic injury, they can receive benefits for a total disability on a permanent basis if their condition does not improve. Typically, total disability benefits are capped at 400 weeks. However, catastrophic injuries can extend these benefits indefinitely.
The definition of a catastrophic injury can be found in GA Code § 34-9-200.1. Under this statute, the following types of injuries may qualify a worker for benefits:
- The loss of an arm, hand, leg, or foot
- Severe paralysis
- Severe traumatic brain injury resulting in permanent cognitive impairment
- Other severe injuries that directly impede your ability to work
Eligibility Requirements for Benefits for a Permanent Injury
To qualify for disability benefits in Georgia, you must meet specific criteria in addition to having suffered a severe injury. These criteria are:
- Work-related injury – Your injury must have occurred while performing work-related duties or be directly connected to your employment in another way.
- Medical documentation – You must have comprehensive medical documentation of your disability and the treatments you underwent. This documentation will be necessary to prove to the insurance company that your injuries are severe enough to receive benefits for a permanent total disability.
- Inability to work – Your injury must prevent you from engaging in gainful employment. It is not enough that you can no longer work in your pre-injury role. You must not be able to meaningfully work in any job.
- Procedural compliance – You must have followed all the steps and met all the deadlines for your workers’ compensation claim.
How Much Can You Receive in Benefits for Total Disability on a Permanent Basis?
The benefits you can receive depend on your pre-injury average weekly wage and the maximum weekly benefit amount designated at the time of your injury. If you have a permanent disability, your weekly benefits will depend on the type and severity of the disability. This decision is based on the opinion of the authorized treating physician and impairment ratings outlined in the Fifth Edition of the Guides of Permanent Impairment from the American Medical Association.
The Process of Filing for Benefits
To seek benefits after a work injury in Georgia, you must follow these steps:
- Report the injury – One of the first things you should do is report the injury to your employer within 30 days. Failure to do so may disqualify you from receiving benefits.
- Seek medical attention – After your initial medical treatment, it’s important to continue following up with treatment until you reach your maximum medical improvement, which is the point at which further treatment will not result in further recovery.
- File your claim – You can do this by filling out and submitting Form WC-14 to the State Board of Workers’ Compensation.
- Undergo medical evaluations – You may have to undergo independent medical assessments ordered by the insurance company so they can determine the scope of your injuries.
- Attend claim hearings – If your claim isn’t accepted initially, you may need to attend claim hearings. Your lawyer can represent you in these hearings and protect your rights.
Presumption for Compensation for a Permanent Total Disability
In Georgia, there is a rebuttable presumption that you have a permanent total disability if your injury resulted in the loss of a hand, arm, foot, or leg (or any combination of those parts). Total or industrial blindness is also a compensable injury under this presumption, and benefits would be available for an unlimited period of time.
Contact Our Georgia Workers’ Compensation Lawyers
If you suffered a severe injury at work and can no longer pursue gainful employment, contact The Law Offices of William F. Underwood, III, P.C., for a free consultation with an experienced workers’ compensation lawyer in Georgia. Recovering benefits for a total disability on a permanent basis can be tricky without the help of a knowledgeable attorney, and our team is ready to help you seek the benefits you need. Call or contact us today for a free consultation.
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