IV. Types of Augusta Georgia Evans GA & Aiken SC Workers Comp Disability Compensation
A. Temporary Total Disability - This benefit is payable when the injured worker is unable to work during a period when he/she is under active medical care and has not yet reached what is called “maximum medical improvement”. By virtue of simple common sense, once “maximum medical improvement” has been reached the condition can no longer be categorized as temporary. Disputes often arise both on the issue of whether the injured worker is, in fact, disabled from work and on the issue of whether maximum medical recovery has been reached. States differ on how they treat situations where the worker is released to light duty work, but the employer will not offer light duty, or those situations where the employer declines to permit the injured worker to return to his job, even after a full duty release. In most states, compensation is paid at two-thirds of the employee's average weekly wage, not to exceed statutory weekly maximums above which no worker is entitled to compensation. It is not unusual for a worker’s temporary total disability weekly benefit to be capped by these statutory compensation limits. B. Temporary Partial Disability - A worker may be eligible for temporary partial disability compensation when he or she is able to do some work but is still recuperating from the effects of the injury, and is, thus, temporarily limited in the amount or type of work which can be performed compared to the pre-injury work. C. Permanent Partial Disability - Compensation is awarded for certain types of permanent conditions which do not cause the worker to be totally unable to work. As previously indicated, there is a wide variety of different ways the various states treat permanent injuries, and it is necessary to consult lawyers in your state experienced in handling workers compensation claims to understand your states’ rate structure for permanent injuries. D. Permanent Total Disability - In order to receive this type of compensation it must generally be shown that the employee is unable to return to work in any capacity, and that this is a permanent problem. On the other hand, there are rulings in many states to the effect that a worker who can perform only occasional, sporadic or undependable work, may still be deemed to be permanently totally disabled. Frequently a states’ workers comp law permits attorneys to offer evidence of a workers age, education, training and experience in seeking to prove that the worker is incapable of substantial gainful employment. E. Disfigurement/Mutilation - A states’ workers comp law may permit the employee to be compensated for disfigurement or scarring, frequently in the absence of any actual impairment, and sometimes in addition to actual impairment. V. Summary: The workers comp system in most jurisdictions is a highly complex statutory scheme with great variation, depending upon the particular jurisdiction in which a worker is injured. The system is generally designed so that anyone can afford to have a workers compensation attorney, and there is virtually no reason why any injured worker should not immediately seek an experienced lawyer. In the jurisdictions in which we practice, Georgia & South Carolina, we would welcome the opportunity to provide a consultation on your workers compensation claim. If you have a Augusta GA Evans Georgia or Aiken South Carolina SC workers comp claim (or a Defense Base Act, Longshoremen and Harbor Workers Compensation Act or Nonappropriated Fund Instrumentalities Act claim), and have a question or would like to inquire about the possibility of having us represent you, please feel free to either complete the help form on this Web site, email us, or telephone us at one of our locations.