Atlanta Temporary Total Disability Benefits Lawyer

Experiencing a workplace injury in Georgia can turn your life upside down. Beyond the immediate pain and the struggle to heal, you may be facing significant financial worries. Concerns about who will pay your medical bills, how you will cover living expenses while missing work, and whether you will ever receive full compensation can be incredibly stressful. While Georgia’s workers’ compensation system provides crucial benefits for employees injured on the job, sometimes these benefits alone are not enough to cover all your losses, especially if someone other than your employer was responsible for the accident.

At Merritt & Merritt Law Firm, we understand the confusion and stress that follow a serious work injury. With over 45 years of experience serving injured Georgians, our firm is dedicated to helping you navigate the complex legal landscape of both workers’ compensation and personal injury law to ensure you receive the maximum compensation you deserve.

One key aspect of workers’ compensation benefits in Georgia is Temporary Total Disability (TTD). Understanding TTD and how it relates to a potential third-party personal injury claim is vital for protecting your financial future after a workplace accident. Call the Atlanta temporary total disability lawyer team today at 404-975-1775 to get a free consultation about your case and see how we can help you.

What are Temporary Total Disability (TTD) Benefits in Georgia Workers’ Compensation?

Georgia’s workers’ compensation system is designed to provide benefits to employees who suffer injuries arising out of and in the course of their employment. TTD benefits are a specific type of income benefit within this system, and they are payable to an employee when a work injury leaves them temporarily unable to return to their job at all.

Think of TTD as compensation for lost wages when you are completely unable to work while recovering from your work-related injury. These worker benefits are intended to help injured workers maintain financial stability during their recovery period. If you find yourself confused if you qualify for TTD benefits, you should call an Atlanta temporary total disability lawyer at 404-975-1775 to discuss your situation for free, and we can help you see if you qualify for TTD.

Eligibility for TTD Benefits

To be eligible for TTD benefits in Georgia, you must have suffered a work-related injury that prevents you from performing your job duties. A physician must determine that you are unable to work, either entirely or within restrictions that your employer cannot accommodate.

One important aspect to note is that there is a waiting period for TTD benefits in Georgia. Typically, you must be unable to work for seven days before TTD benefits begin. If your disability lasts for 21 consecutive days, you can then receive compensation for the initial seven-day waiting period. An experienced attorney from Merritt & Merritt Law Firm can help you understand this waiting period and explain what you can receive compensation for.

Calculating and Receiving TTD Payments

If you qualify for TTD benefits, you are generally entitled to receive two-thirds of your average weekly wage earned in the 13 weeks prior to your injury taking place. There is a maximum weekly benefit amount in the state of Georgia, which changes periodically. As of July 1, 2023, the maximum weekly benefit for TTD is $800. The minimum weekly benefit is $50.

TTD benefits can be paid for a maximum duration. Under Georgia law, temporary total disability benefits can be paid for up to 400 weeks from the date of injury. However, if you are released to work with restrictions, your TTD benefits may convert to Temporary Partial Disability (TPD) benefits, which are payable for up to 350 weeks from the date of injury.

The workers’ compensation insurer must start paying income benefits within 21 days of when you have missed 7 cumulative days of work. If your employer fails to meet this requirement, you should consult an Atlanta temporary total disability lawyer to help determine what benefits you are entitled to, and to discuss the facts of your case for free when you call them at 404-975-1775.

TTD vs. Other Disability Benefits

It’s helpful to understand how TTD differs from other types of disability benefits under Georgia workers’ compensation:

• Temporary Partial Disability (TPD): As mentioned, TPD applies when you can return to work but at reduced hours or lower pay due to your injury. You receive a portion of the difference in wages.
• Permanent Partial Disability (PPD): PPD benefits are paid when you have reached maximum medical improvement (MMI), meaning your condition is not expected to improve further, but you have a permanent impairment to a specific body part or the body as a whole. The amount is based on a percentage rating assigned by your doctor and a statutory schedule. You cannot receive compensation for pain and suffering under the workers’ compensation statute for PPD.
• Permanent Total Disability: This applies in very severe cases where the injury permanently prevents the employee from performing their prior work and any work available in the national economy, such as catastrophic injuries like severe paralysis or brain injuries. Benefits are payable for as long as the employee is unable to return to work.

TTD focuses specifically on the period where you are completely unable to work while actively recovering.

The Connection Between TTD, Work Injuries, and Third-Party Claims

While TTD benefits provide essential support by covering a portion of your lost wages during recovery from a work injury, they are just one piece of the puzzle, particularly if a third party contributed to your accident.

A third-party personal injury claim arises when your work injury, which might have led to you receiving TTD benefits, was caused by the actions or negligence of an individual or entity other than your employer or a coworker. This allows you to pursue compensation from that responsible third party, potentially recovering damages that were not available through workers’ compensation, such as pain and suffering.

For instance, if you are receiving TTD because a work injury has left you unable to perform your job, and that injury occurred when:

• Another driver hit your vehicle while you were driving for work.
• You slipped and fell on a hazard at a client’s or vendor’s property due to poor maintenance.
• Defective machinery or equipment caused your injury while you were using it on the job.
• You were injured on a construction site due to the negligence of another contractor or their employees.

In these scenarios, the other driver, the property owner, the product manufacturer, or the other contractor could be held liable in a personal injury lawsuit, separate from your workers’ compensation claim. Winning a third-party claim can provide compensation for pain and suffering, full lost wages, future medical expenses, and other damages, which is why it is imperative to have an Atlanta temporary total disability lawyer in your corner to fight for your compensation.

What You Need to Know When Your TTD-Causing Injury May Involve a Third Party

Pursuing a third-party claim while also receiving workers’ compensation benefits like TTD adds layers of complexity to your case. Here are crucial points to understand:

• Workers’ Compensation is Still Primary for Initial Benefits: Continue to file your workers’ compensation claim and seek all available benefits, including TTD, as this provides immediate medical care and income replacement. Don’t delay reporting the injury to your employer.
• Strict Deadlines Apply to Both Claims: In Georgia, there are deadlines, known as statutes of limitations, for filing both workers’ comp claims and personal injury lawsuits. Generally, you have two years from the date of injury to file a personal injury lawsuit. Workers’ comp claims also have reporting deadlines, typically requiring notice to your employer within 30 days and filing with the state within a year. Missing these deadlines can permanently prevent you from seeking compensation, which is why you should hire an experienced attorney from Merritt & Merritt Law Firm to handle your case and ensure you meet all legal deadlines for your case.
• Preserve All Evidence: Evidence is critical in proving negligence in a personal injury case. Collect photographs of the accident scene, your injuries, and any damaged equipment or property. Keep detailed records of your medical treatment, expenses, and how your injury affects your daily life, possibly through a diary. Gather contact information for any witnesses.
• Pre-Existing Conditions are Relevant but Not Necessarily Fatal to Your Claim: If your work injury aggravated a pre-existing medical condition and this injury causes you to be temporarily totally disabled, you may still be entitled to compensation for the worsening of that condition. Georgia follows the “Eggshell Plaintiff” doctrine, meaning the responsible party is liable for the full extent of your injuries, even if you were more susceptible to injury due to a prior condition.
• Coordination with Workers’ Compensation: Your workers’ compensation claim and a third-party personal injury claim are intertwined. If you recover compensation from a third party, the workers’ compensation insurer may have a right to be reimbursed for the benefits they paid to you, such as medical expenses and TTD benefits. Managing this aspect requires the legal experience of an Atlanta temporary total disability lawyer to ensure you maximize your net recovery.

Speak with an Atlanta Temporary Total Disability Lawyer to Learn More

When you are suffering from a work injury that prevents you from working and you suspect a third party might be at fault, navigating the complexities of both workers’ compensation and personal injury law is a significant challenge. Having the right legal team is essential to ensure your rights are protected and you receive fair compensation from all potential sources.

If a workplace injury has left you temporarily totally disabled and you believe a third party may be responsible, don’t hesitate to seek legal help from an Atlanta temporary total disability lawyer. The workers’ compensation and personal injury law is complex, and an experienced attorney can make a significant difference in the outcome of your case.

Let the experienced team at Merritt & Merritt Law Firm evaluate your case, explain your rights regarding TTD benefits and potential third-party claims, and fight for the compensation you deserve. Call us today for a free consultation at 404-975-1775.