Atlanta Partial Disability Benefits Lawyer

Navigating life after an injury can be incredibly challenging. In addition to dealing with pain and concerns about your recovery, you may be worried about who will pay your medical bills, how you’ll manage if you miss work, and whether you will receive full compensation for your experience.

If you’re facing these concerns in Georgia and are considering legal representation, understanding your rights and options is crucial. That is why having an experienced Atlanta partial disability benefits lawyer from Merritt & Merritt Law Firm is essential to help you get the full amount of compensation you deserve. Call us for a free consultation today at 404-975-1775.

Understanding Partial Disability

Partial disability is a legal term used in Georgia, particularly within the context of workers’ compensation law. It refers to a permanent disability that impacts your ability to work or function. This definition doesn’t necessarily mean that you are permanently and totally disabled, but rather that your injury will likely cause a partial limitation in your function for the remainder of your life. While the term “partial disability” is specifically defined and calculated under workers’ compensation, the impact of a permanent injury and resulting limitations is also a critical component of damages claimed in personal injury cases arising from incidents like car accidents or slip and falls. An experienced Atlanta partial disability benefits lawyer can help you navigate the complex legal field and will know how to get all the benefits you are entitled to. Call Merritt & Merritt Law Firm today at 404-975-1775 to get a free consultation today.

Partial Disability in Georgia Workers’ Compensation

Under Georgia workers’ compensation law, when an individual reaches maximum medical improvement (MMI) after a work-related injury, they are entitled to permanent partial disability (PPD) benefits. PPD means the injured worker is eligible for compensation for the damage done to a specific body part or the body as a whole. You can receive monetary compensation for your injured body part, although it is important to note that you cannot receive pain and suffering under the workers’ compensation statute.

In Georgia, there is also Temporary Partial Disability (TPD) in workers’ compensation, which provides financial assistance to workers who are temporarily unable to perform some job duties due to a work injury. TPD compensates for lost wages when an injured employee is returning to a lower-paying job or has to miss work for treatment that they need due to the injury.

Qualifying for Permanent Partial Disability (PPD) in Georgia

In order to qualify for PPD benefits in Georgia, several conditions must be met:

• You must have suffered a work-related injury that occurred while performing job duties and resulted from an accident or hazardous conditions.
• You must have a permanent impairment that significantly limits your ability to work. This can range from a reduced range of motion to the loss of a limb.
• Your injury must have resulted in a significant loss of earnings and potentially a significant decline in your quality of life.
• You must have reached Maximum Medical Improvement (MMI). MMI is the point in your medical treatment where you have recovered as much as you are going to recover under the circumstances. Only after reaching MMI can a doctor determine your permanent impairment rating.

Our experienced Atlanta partial disability benefits lawyer team at Merritt & Merritt Law Firm know the complex process of obtaining partial disability benefits, and can help you win your case and get the compensation you deserve. Trust that our attorneys will fight to get you the maximum amount of recovery when you call us today at 404-975-1775 to discuss your case for free.

How Permanent Impairment and PPD Benefits are Determined

Only a doctor or another medical professional can evaluate permanent impairment in Georgia workers’ compensation cases. Doctors use the Guides to the Evaluation of Permanent Impairment, fifth edition, published by the American Medical Association to rate specific injuries.

Based on your condition at MMI, the doctor assigns a permanent impairment rating expressed as a percentage, which is a point of contention in many cases because it directly affects the amount of compensation received. An experienced Atlanta partial disability benefits lawyer can help you fight for your rating to ensure you get the maximum compensation possible by making sure your permanent impairment rating is accurate.

Once the permanent impairment rating is determined, the PPD payout is calculated using a formula. This formula involves multiplying the percentage rating of the body part injured (or body as a whole) by the number of weeks assigned to that body part according to Georgia law (O.C.G.A. § 34-9-263). This result is then multiplied by your workers’ compensation rate, which is typically two-thirds (⅔) of your average weekly wage before the injury, up to a maximum weekly benefit.

Here are some examples of the maximum number of weeks assigned to specific body parts or areas under Georgia law:

• Neck/back (disability to the body as a whole): 300 weeks
• Arm: 225 weeks
• Leg: 225 weeks
• Hand: 160 weeks
• Both ears (total industrial loss of hearing): 150 weeks
• One eye (loss of vision): 150 weeks
• Foot: 135 weeks
• One ear (total industrial loss of hearing): 75 weeks
• Thumb: 60 weeks
• Index finger: 40 weeks
• Middle finger: 35 weeks
• Great toe: 30 weeks
• Ring finger: 30 weeks
• Little finger: 25 weeks
• Any other toe: 20 weeks

For example, a worker with an average weekly wage of $600 and a 10% impairment rating to the body as a whole (worth 300 weeks) would have a PPD payout calculated as: 300 weeks * $400 (⅔ of $600 weekly wage) * 10% rating = $12,000 total PPD benefit. This can be paid as a lump sum or weekly payments.

Another example would be for a hand injury with a 20% disability rating, a worker earning $18/hour (30 hours/week = $540 average weekly wage) would receive ⅔ of their average weekly wage ($360) for 32 weeks (20% of 160 weeks for a hand), totaling $11,520.

The maximum weekly benefit for PPD varies depending on the date of injury. For injuries on or after July 1, 2023, the maximum weekly benefit is $800 under Georgia law. Determining the percentage of benefits is essential to getting the compensation you need to recover, so don’t leave your personal injury case in the hands of just any law firm. Contact the Atlanta partial disability benefits lawyer team at 404-975-1775.

Temporary Partial Disability (TPD) in Georgia

TPD benefits are payable when an employee returns to work in a job that is paying less than the job they had before the injury they suffered as a result of an on-the-job accident. These benefits can be paid for up to 350 weeks from the date of the injury. TPD is calculated by calculating two-thirds of the difference between the employee’s average weekly wage before and after the injury, and this wage is not to exceed the maximum amount allowed by law. For injuries occurring after July 1, 2019, the maximum weekly benefit allowable is $450. For injuries on or after July 1, 2023, the maximum weekly benefit allowable is $533.

If a physician releases you to work with restrictions and your employer can accommodate these restrictions, but you earn less than before your injury, you may be entitled to TPD benefits. Also, if you are not working as a result of your injury and it’s determined you could perform work with restrictions for 52 consecutive weeks or 78 aggregate weeks, your weekly income benefits may be reduced to temporary partial disability benefits, not exceeding 350 weeks. The Atlanta partial disability benefits lawyer team at Merritt & Merritt Law Firm can help you determine what compensation you should be receiving so you get the maximum amount of compensation you deserve as a result of your injuries. Call us today at 404-975-1775 to discuss your case for free and see if you are eligible for TPD in Georgia.

Partial Disability in Georgia Personal Injury Cases

While workers’ compensation has specific rules for PPD and TPD, permanent injuries and resulting disabilities or limitations are significant components of damages in personal injury cases as well. An experienced Atlanta partial disability benefits lawyer can help determine what damages you can claim in your personal injury case and the proper measure of those damages, including those related to your disability or limitations.

Demonstrating the true impact of your injuries and any resulting limitations on your daily life and earning capacity is a crucial component in a personal injury case. This is where medical treatment and documentation are vital, as your medical records help show the insurance company that you are in fact injured and how seriously your injuries are affecting you. Credibility is paramount in these circumstances, and exaggerating your injuries or physical limitations, or posting things on social media that contradict your claimed limitations, can severely harm your case.

An Atlanta partial disability benefits lawyer can help ensure appropriate sources of insurance are used to pay your bills and can negotiate medical bills or hospital liens, which can result in more money in your pocket. They are also prepared to take your case to trial if negotiations fail and you do not receive adequate compensation from the insurance companies.

Request a Free Consultation Today

Merritt & Merritt Law Firm offers a free case review or consultation to discuss your specific situation. Contact us today to understand your legal rights and options regarding your injury and potential partial disability claim. Call us at 404-975-1775 and see how we can help you get your compensation today.