Sep 22, 2020
Permanent Disability Benefits – Do They Last Forever?
Nate Hansford
If you have suffered a serious workplace injury in Georgia that leaves you with lasting physical limitations, you may be wondering how long your permanent disability benefits will last. The word “permanent” naturally suggests forever, but under Georgia’s workers’ compensation system, that is not always the case. The duration of your workers’ compensation benefits depends on whether your injury is classified as catastrophic or non-catastrophic, the body part affected, and your impairment rating.
At Hansford McDaniel, Workers’ Compensation Attorneys, we help injured workers throughout Georgia understand exactly how long their permanent disability benefits will last and what options are available to maximize their compensation. Our attorneys have over 100 years of collective experience handling workers’ compensation claims involving permanent injuries, and we know that the distinction between catastrophic and non-catastrophic status is one of the most important decisions in any claim. We speak English and Spanish.
How Long Does Permanent Disability Last in Georgia
In Georgia, permanent disability benefits do not automatically last forever. For most non-catastrophic injuries, the workers’ compensation system limits income and medical benefits to 400 weeks from the date of injury, which is approximately seven and a half years. This means that even if your injury results in a permanent impairment, your benefits have a defined endpoint unless your claim receives a catastrophic designation. Understanding this timeline is essential for making informed decisions about whether to continue receiving weekly benefits or to negotiate a lump-sum settlement before that 400-week window closes.
Permanent Partial Disability Benefits
Permanent partial disability benefits are paid to workers who have reached maximum medical improvement but still have lasting impairments that affect their ability to work. Georgia law under O.C.G.A. 34-9-263 assigns a specific number of weeks of PPD benefits to each body part based on your impairment rating. For example, an arm carries a maximum of 225 weeks, a leg carries 225 weeks, a hand carries 160 weeks, and injuries to the body as a whole, such as back injuries or neck injuries, carry up to 300 weeks. Your PPD payout is calculated by multiplying your impairment rating percentage by the maximum weeks for the affected body part, then multiplying by your weekly compensation rate of two-thirds of your average weekly wage, up to a maximum of $800.00 per week.
When Permanent Disability Benefits Can Last a Lifetime
The exception to the 400-week cap is when your injury receives a catastrophic designation under O.C.G.A. 34-9-200.1. Catastrophic injuries are those that render the worker unable to perform any work in substantial numbers given their age, education, and work experience. According to the Georgia State Board of Workers’ Compensation, workers with catastrophic injuries may be entitled to lifetime income and medical benefits without the 400-week limitation.
Examples of injuries that commonly qualify for catastrophic status in Georgia include total or substantial paralysis, severe traumatic brain injuries, loss of both hands or both feet, loss of vision in both eyes, severe burns covering a significant percentage of the body, and multiple amputations. Obtaining a catastrophic designation requires medical evidence demonstrating that you are permanently unable to return to gainful employment. Insurance companies frequently contest these designations because of the lifetime financial obligation involved, which is why having experienced legal representation is critical.
Factors That Affect How Long Your Benefits Last
Several factors beyond the catastrophic or non-catastrophic classification influence the duration of your permanent disability benefits. Your impairment rating, assigned by a physician after you reach maximum medical improvement, directly determines the number of weeks of PPD benefits you receive. A higher rating means more weeks of benefits and a larger total payout. The body part injured also matters because Georgia law assigns different maximum week values to each body part under the PPD schedule.
Your average weekly wage before the injury affects the dollar amount of each weekly benefit check, with the current Georgia cap set at $800.00 per week for temporary total disability benefits. If you return to work at reduced capacity, temporary partial disability benefits are capped at $533.00 per week for up to 350 weeks. Whether you choose to settle your claim in a lump sum or continue receiving weekly payments also affects the total compensation you receive over time. An experienced workers’ compensation attorney can help you evaluate the financial impact of each option based on your specific circumstances.
Contact Hansford McDaniel, Workers’ Compensation Attorneys
Understanding how long your permanent disability benefits will last requires a thorough evaluation of your injury, your impairment rating, and whether your claim qualifies for catastrophic status. Our team at Hansford McDaniel examines every claim in depth and fights to make sure injured workers throughout Georgia receive the maximum benefits they are entitled to. With a Super Lawyers recognition spanning more than 10 years and numerous million-dollar results, we have the knowledge and resources to protect your rights against insurance companies that want to minimize what they owe.
If you have suffered a permanent injury at work and need to understand your options, call us at (770) 922-3660 to schedule a free consultation, or reach out through our contact form to get started today. We treat every client like family, and we will not rest until you receive the compensation you deserve. Se habla español.
