Significant Changes to Georgia’s Workers Compensation Law Taking Effect July 1, 2019

For injuries occurring on the job on or after July 1, 2019, the maximum compensation rate in Georgia is now $675.00 per week for temporary total disability (TTD), an increase of $100.oo per week from the old rate.  For injuries causing temporary partial disability (TPD) the maximum rate is now $450.00 per week.

The increase in the TTD rate is significant, and long overdue.  Keep in mind, however, that the injured worker only receives 2/3’s of his or her average weekly wage, even for temporary total disability.  So, an employee would have to be earning $1,012.50 or more per week to qualify for the maximum compensation rate.

The other major change in Georgia workers compensation law, also taking effect July 1, 2019, involves payment for certain medical services and equipment beyond the 400 week limit provided by current law for non-catastrophic cases.  For injuries occurring after July 1, 2013, even after 400 weeks, the employer/insurer will have to pay for “maintenance, repair, revision, replacement, or removal of any prosthetic device, provided that the prosthetic device was originally furnished within 400 weeks of the date of injury,” and will have also have to pay for similar services for any spinal cord stimulator or for “durable medical equipment, orthotics, corrective eyeglasses, or hearing aids” that “were originally furnished within 400 weeks of the date of injury.”

Before July 1, 2013, an injured employee was entitled to lifetime medical care, but then the legislature decided to limit coverage in non-catastrophic cases to a maximum of 400 weeks, regardless of the employee’s long term medical needs.  Since 2013, the law had failed to cover prosthetic devices in non-catastrophic cases (amputation of an arm, hand, foot or leg is catastrophic), or to provide for removal or maintenance of an implanted device, such as a spinal cord stimulator.  It also failed to provide payment for devices, such as hearing aids for permanent hearing loss, which are needed for a lifetime, not just 400 weeks.  The amendment to O.C.G.A. § 34-9-200 adding coverage those situations is certainly a welcome change but it does not go nearly far enough.

For the complete text of SB135, effective July 1, 2019, click here.

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