Year: 2018

Catastrophic Job Injuries Under Georgia Law

Sustaining Catastrophic Injuries On The Job

In some tragic instances, a worker may sustain injuries so severe that he or she may never be able to work again.  Typically, injured workers are only entitled to receive 400 weeks of income benefits.  However, in the event that an Injured Worker is determined to have sustained what is known as a “catastrophic injury,” then he or she may be entitled to receive a lifetime of income benefits, along with required medical treatment.

Under Georgia law, you may be entitled to a catastrophic designation if you have suffered one of the following types of injuries: 1) a spinal cord injury involving severe paralysis of an arm, leg, or the trunk; 2) the amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage; 3) a severe brain or closed head injury; 4) significant second or third degree burns; or 5) total industrial blindness.  Further, if your injuries render you unable to perform your prior job or any other job for which you may be qualified, then you may also be entitled to receive a catastrophic designation.

If you have been involved in a workplace accident resulting in any of these traumatic injuries, it is important that you speak with an experienced workers’ compensation attorney in order to ensure that you get all of the benefits to which you are entitled.

Have you or a loved one been involved in a workplace accident?  It is important that you contact an attorney who specializes in workers’ compensation in order to ensure that your rights are adequately represented.  Contact the attorneys at Dan Chapman & Associates.  We offer free case evaluations and collect no fees unless you win!  Let us help you get the money you deserve!

Call us at 678-242-6272 or fill out the intake form below for a free case evaluation. There are no fees unless we win.

Workers Compensation Evaluation

Atlanta Workers Compensation Intake
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takta airbag injury lawsuit claims

Takata Airbag Lawsuit FAQ

Frequently Asked Questions On Takata Airbag Injury Claims

We know that deciding to contact a lawyer may not be an easy decision for many people.  We want you to know that we offer no pressure, free consultations to explain what why Takata airbags are defective, how they have injured many people and what a Takata airbag injury claim involves.  Our experienced legal team has already made substantial settlements for many people injured by these defective airbags.

For more detailed answers relating to your own circumstances, please contact our firm at 678-242-7626 for a free, no-obligation Takata airbag injury consultation.

Who can make a Takata airbag injury claim or file an airbag injury lawsuit?

Any person injured by a Takata airbag may be eligible to make an injury claim against Takata.  This is true even if you were the one who caused the crash that led to the airbag to deploy or even if you have already settled an injury case with the at-fault driver who caused the crash.  These are defective product claims against Takata, who negligently designed and manufactured the airbag deployment system.

What is the defect in the Takata airbag that caused injury?

The defect in the Takata airbag involves the inflator.  When the airbag is triggered during a crash to deploy, there is a mini explosion in the inflator that causes the airbag to deploy from the steering wheel housing.  Because of the defect, the mini explosion is much more powerful than it should be and the explosion causes pieces of metal and plastic to be shot out into the vehicle like shrapnel from a grenade explosion.  The flying shrapnel causes cuts, lacerations and even penetration injuries to the people sitting in the vehicle.

What types of injuries do I need to have a claim? 

The most common injuries we see are cuts, lacerations and puncture wounds.  These wounds are caused by the flying metal and plastic shrapnel that shoot out into the vehicle when the airbag deploys.  We have recovered money for people who have scarring on their head, face, neck, chest and arms.  When a person suffers these types of wounds and there has been no glass breakage in the crash, we look to see if we can show the injuries came from the airbag deployment.  In certain cases, we have also recovered money for people who suffered from broken bones, internal injuries and severe burns.  If you suffered injuries from an airbag, call us for a free case review to see if your injuries may have been caused by a defective Takata airbag.

What does it cost to have an attorney review my case?

Nothing.  We offer free, no obligation case reviews.  If we get the specific facts surrounding your crash and airbag injuries and we can help you, you owe us nothing unless we get you a recovery of money from Takata.  If we cannot help you get a recovery of money for your airbag injuries, you owe us NOTHING.

How do I know if my vehicle had a defective Takata airbag?

Call us if your suffered an injury from an airbag.  We can help you determine if the airbag that injured you was made by Takata.  You may be surprised to learn that Takata airbags are in 42 million vehicles from 19 different automakers.  These include:  Acura, Audi, BMW, Cadillac, Chevrolet, Chrysler, Dodge, Ford, GMC, Honda, Infinity, Jaguar, Jeep, Land Rover, Lexus, Lincoln, Mazda, Mercedes, Mitsubishi, Nissan, Saab, Subaru, Tesla, Toyota, Volkswagen.

Is this a class action lawsuit where you can only expect a small settlement equal to the small amount received by others?

No.  These are not class action cases.  Takata airbag lawsuits have been consolidated in U.S. District Court in Miami as a Multi-District Litigation (MDL). This is a legal procedure that allows individual cases to be consolidated with other similar cases, and then the cases can be evaluated and processed individually in a framework chosen for the MDL.  These are not small class action settlements where each injured person gets the same small amount of money.  Each case stands on its own, and each person is compensated based on the severity of his or her own injuries.  Our experienced legal team has already settled many of these Takata airbag injury cases for clients for substantial compensation.

What time limits apply to filing a Takata airbag injury claim? 

There are time limits that apply to these claims.  The time limit is determined by the law of the state involved.  We will help you determine if the time to file your Takata claim is still open.  However, do not delay in contacting us!  We have seen people with airbag injury claims lose out on the ability to recover substantial money from Takata because they just waited too long to contact us.

For more detailed answers relating to your own circumstances, please contact our firm at 678-242-7626 for a free, no-obligation Takata airbag injury consultation.

Takata Airbag Injury Intake

Airbag Injury Intake Form

 

Takata Airbag Recall List

This is a list of vehicles that have been part of the Takata airbag recall.

Make Model Model Years
Acura 3.2CL 2002-2003
Acura 3.2TL 2013-2016
Acura ILX 2013-2016
Acura ILX Hybrid 2014-2014
Acura MDX 2003-2006
Acura RDX 2007-2016
Acura RL 2005-2012
Acura TL 2009-2014
Acura TSX 2009-2014
Acura ZDX 2010-2013
Audi A3 2006-2013
Audi A4 Avant 2005-2008
Audi A4 Cabriolet 2006-2009
Audi A4 Sedan 2005-2008
Audi A5 Cabriolet 2010-2011
Audi A6 Avant 2003-2011
Audi A6 Sedan 2005-2011
Audi Q5 2009-2012
Audi R8 2017
Audi RS 4 Cabriolet 2008
Audi RS 4 Sedan 2007-2008
Audi S4 Avant 2005-2008
Audi S4 Cabriolet 2007-2009
Audi S4 Sedan 2005-2008
Audi S5 Cabriolet 2010-2012
Audi S6 Sedan 2007-2011
Audi TT 2016-2017
BMW 1 Series 2008-2013
BMW 3 Series 2000-2013
BMW 5 Series 2002-2003
BMW X1 2011-2015
BMW X3 2007-2010
BMW X5 2003-2013
BMW X6 2008-2014
BMW X6 Hybrid 2010-2011
Cadillac Escalade 2007-2014
Cadillac Escalade ESV 2007-2014
Cadillac Escalade EXT 2007-2013
Chevrolet Avalanche 2007-2013
Chevrolet Silverado HD 2007-2014
Chevrolet Silverado LD 2007-2013
Chevrolet Suburban 2007-2014
Chevrolet Tahoe 2007-2014
Chrysler 300 2005-2015
Chrysler Aspen 2007-2009
Chrysler Crossfire 2007-2008
Sterling Bullet 2008-2009
Dodge Sprinter 2007-2009
Freightliner Sprinter 2007-2017
Mercedes Sprinter 2010-2017
Dodge Challenger 2008-2014
Dodge Charger 2006-2015
Dodge Dakota 2005-2011
Dodge Durango 2004-2009
Dodge Magnum 2005-2008
Dodge Ram 1500/2500/3500 Pickup 2003-2008
Dodge Ram 2500 Pickup 2005-2009
Dodge Ram 3500 Cab Chassis 2007-2010
Dodge Ram 3500 Pickup 2006-2009
Dodge Ram 4500/5500 Cab Chassis 2008-2010
Ferrari 458 Italia 2010-2015
Ferrari 458 Speciale 2014-2015
Ferrari 458 Speciale A 2015
Ferrari 458 Spider 2012-2015
Ferrari 488 GTB 2016-2017
Ferrari 488 Spider 2016-2017
Ferrari California 2009-2014
Ferrari California T 2015-2017
Ferrari F12 2013-2017
Ferrari F12 tdf 2016-2017
Ferrari F60 2016
Ferrari FF 2012-2016
Ferrari GTC4Lusso 2017
Fisker Karma 2012
Ford Edge 2007-2010
Ford Fusion 2006-2012
Ford GT 2005-2006
Ford Mustang 2005-2014
Ford Ranger 2004-2011
GMC Sierra HD 2007-2014
GMC Sierra LD 2007-2013
GMC Yukon 2007-2014
GMC Yukon XL 2007-2014
Honda Accord 2001-2012
Honda Civic 2001-2011
Honda Civic Hybrid 2003-2011
Honda Civic NGV 2001-2011
Honda Crosstour 2010-2015
Honda CR-V 2002-2011
Honda CR-Z 2011-2015
Honda Element 2003-2011
Honda FCX Clarity 2010-2014
Honda Fit 2007-2013
Honda Fit EV 2013-2014
Honda Insight 2010-2014
Honda Odyssey 2002-2004
Honda Pilot 2003-2015
Honda Ridgeline 2006-2014
Infiniti FX 2003-2008
Infiniti I30 2001
Infiniti I35 2002-2004
Infiniti M 2006-2010
Infiniti QX4 2002-2003
Jaguar XF 2009-2015
Jeep Wrangler 2007-2016
Land Rover Range Rover 2007-2012
Lexus ES350 2007-2012
Lexus GX460 2010-2017
Lexus IS250/350 2006-2013
Lexus IS250C/350C 2010-2015
Lexus IS F 2008-2014
Lexus LFA 2012
Lexus SC430 2002-2010
Lincoln MKX 2007-2010
Lincoln Zephyr/MKZ 2006-2012
Mazda B-Series 2004-2009
Mazda CX-7 2007-2012
Mazda CX-9 2007-2015
Mazda 6 2003-2011
Mazda Mazdaspeed6 2006-2007
Mazda MPV 2004-2006
Mazda RX-8 2004-2011
McLaren 570 2016-2017
McLaren 650S 2015-2016
McLaren 675LT 2016
McLaren MP4-12C 2012-2014
McLaren P1 2011-2015
Mercedes C-Class 2005-2014
Mercedes E-Class 2010-2011
Mercedes E-Class Cabrio 2011-2017
Mercedes E-Class Coupe 2010-2017
Mercedes GL-Class 2009-2012
Mercedes GLK-Class 2010-2015
Mercedes ML-Class 2009-2010
Mercedes R-Class 2009-2012
Mercedes SLK-Class 2007-2008
Mercedes SLS-Class 2011-2015
Mercury Milan 2006-2011
Mitsubishi i-MiEV 2012-2017
Mitsubishi Lancer 2004-2007
Mitsubishi Lancer Evolution 2004-2006
Mitsubishi Lancer Sportback 2004
Mitsubishi Raider 2006-2009
Nissan Maxima 2001-2003
Nissan Pathfinder 2002-2004
Nissan Sentra 2002-2006
Nissan Versa 2007-2012
Pontiac Vibe 2003-2010
Saab 9-2x 2005-2006
Saab 9-3 2006-2011
Saab 9-5 2006-2009
Saturn Astra 2008-2009
Scion XB 2008-2015
Subaru Baja 2003-2006
Subaru Forester 2009-2013
Subaru Impreza 2004-2011
Subaru Legacy 2003-2014
Subaru Outback 2003-2014
Subaru Tribeca 2006-2014
Subaru WRX/STI 2012-2014
Tesla Model S 2012-2016
Toyota 4Runner 2010-2016
Toyota Corolla 2003-2013
Toyota Corolla Matrix 2003-2008
Toyota Matrix 2009-2013
Toyota Rav4 2004-2005
Toyota Sequoia 2002-2006
Toyota Sienna 2011-2014
Toyota Tundra 2003-2006
Toyota Yaris (Hatch Back) 2006-2011
Toyota Yaris (Sedan) 2007-2012
Volkswagen CC 2009-2017
Volkswagen Eos 2010-2014
Volkswagen Golf 2010-2014
Volkswagen Golf R 2013
Volkswagen GTI 2009-2013
Volkswagen Passat 2012-2014
Volkswagen Passat Sedan 2006-2010
Volkswagen Passat Wagon 2006-2010

Can I Sue My Employer?

Georgia Workers Rights – Employment Lawsuit

If you have been involved in a workplace accident, you may wonder whether you have the right to sue your employer.  You were hurt at work, so it would stand to reason that you should be allowed to sue your employer, right?  Unfortunately, in most instances, the answer to that question is no.  Under Georgia law, if you have been involved in a workplace accident, you are not permitted to sue your employer.  This being the case, the workers’ compensation system (i.e. filing a workers’ compensation claim) is your exclusive remedy against your employer.  Having said that, the workers’ compensation system is beneficial to employees in that they do not have to file a lawsuit against their employer – a process which can take years – and that employees do not have to prove that their employer was at fault for their injuries in order to receive workers’ compensation benefits.

Have you or a loved one been involved in a workplace accident?  It is important that you contact an attorney who specializes in workers’ compensation in order to ensure that your rights are adequately represented.  Contact the attorneys at Dan Chapman & Associates.  We offer free case evaluations and collect no fees unless you win!  Let us help you get the money you deserve! Call: 678-242-7626

Workers Compensation Evaluation

Atlanta Workers Compensation Intake
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What To Do If Hurt On The Job

What Should I Do If I Am Hurt At Work?

If you have been involved in a workplace accident, it is important to take the following steps in order to ensure that your rights are adequately represented.

  • NOTIFY YOUR EMPLOYER

Under Georgia law, an Injured Worker has 30 days in which to notify his or her employer of a workplace accident.  Notice can be verbal and can be given to your direct supervisor.  While you may have 30 days to notify your employer of your workplace accident, it is always in your best interest to notify your employer of your injury as soon as possible.

  • GET MEDICAL TREATMENT WITH A PANEL DOCTOR

By law, nearly all employers in Georgia are required to maintain what is known as a “panel of physicians.”  In most cases, this panel must include a list of at least six (6) doctors from which you are allowed to choose to seek medical treatment.  After you have notified your employer of your injury, be sure to ask your employer to see the panel of physicians and then choose a doctor from that list.  Your employer cannot tell you where to seek medical treatment – you have the right to choose.

  • YOUR HEALTH IS WHAT IS MOST IMPORTANT 

When you have been hurt at work, getting medical treatment is the most important thing you can do.  In the event that your employer either does not have a panel of physicians or does not make the panel of physicians available to you, seek treatment at an emergency room or walk-in clinic.  Should you be forced to treat at an emergency room or walk-in clinic, make sure that you tell the doctor that you were hurt at work and explain to them the circumstances surrounding your accident.

  • MAKE SURE THE DOCTOR ADDRESSES WORK RESTRICTIONS

Whether your end up seeking medical treatment with a panel physician or at an emergency room/walk-in clinic, make sure that the doctor treating your specifically addresses your ability to return to work.  When treating for a workplace injury, a doctor will likely either remove you from work completely, allow you to return to work with certain light duty restrictions, or release you to return to work at full duty without restrictions.  The type of work restrictions placed upon you following your accident will be of vital importance moving forward, so be certain that your doctor addresses your work restrictions following the accident.

  • CONTACT AN ATTORNEY WHO SPECIALIZES IN WORKERS’ COMPENSATION

When you are injured at work, it is never too early to obtain legal counsel in order to ensure that your rights are protected and to ensure that you receive all of the workers’ compensation benefits to which you are entitled.

Have you or a loved one been involved in a workplace accident?  It is important that you contact an attorney who specializes in workers’ compensation in order to ensure that your rights are adequately represented.  Contact the attorneys at Dan Chapman & Associates.  We offer free case evaluations and collect no fees unless you win! Call:  678-242-7626

Workers Compensation Evaluation

Atlanta Workers Compensation Intake
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Liability and Your Workers’ Compensation Case

Georgia Workers Compensation Liability

If you are injured in the course and scope of your employment, and your injury may have been fault, you may wonder whether you are barred from filing a workers’ compensation claim.  The good news for workers injured in Georgia is that, generally speaking, even if your workplace accident is your fault, you are still entitled to receive workers’ compensation benefits.  This is because Georgia is what is known as a “no-fault state.”  Under Georgia law, unless your injury is the result of horseplay or is caused by your willful disregard for a company policy, then you should be entitled to receive workers’ compensation benefits.

Have you or a loved one been involved in a workplace accident?  It is important that you contact an attorney who specializes in workers’ compensation in order to ensure that your rights are adequately represented.  Contact the attorneys at Dan Chapman & Associates.  We offer free case evaluations and collect no fees unless you win!

Call Us For Your FREE CASE EVALUATION 678-242-7626 or complete the form below:

Workers Compensation Evaluation

Atlanta Workers Compensation Intake
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Five Facts About Social Security Disability (SSDI) Benefits

The path to obtaining your Social Security Disability benefits can be a long and complicated one, and at Dan Chapman and Associates, we are here to help. Our attorneys have experience with Social Security law and procedures, and will be instrumental in obtaining your benefits.

There’s a lot of misinformation out there regarding SSI, so here are five facts to help you understand what Social Security Disability benefits are, and how they are awarded.

Documentation is key

The more documentation you can provide from medical professionals about your disability the better chances you have of getting approved. Documentation isn’t just letters, it includes keeping regularly scheduled medical appointments, and actively participating in any recommended treatments. The Social Security Administration outlines what is required here.

Benefits do not begin immediately

Once you are approved for SSDI benefits, it could take up to 3-5 months to begin receiving them. Our attorneys can explain the payment process, and how benefits are awarded. Typically, payments begin the month after the date listed in your approval letter. For example, if you receive a letter stating your benefits will begin on January 15th, typically your first payment will be issued in February. Again, every case is unique, which is why it is imperative to have an experienced attorney on your side.

More people become disabled than you think

According to the Social Security Administration, close to 25% of people over 20 years old will become disabled in their lifetime. This contributes to the slowness of the evaluation and approval process. It’s also a reason many first-time claims are denied. Our attorneys know the process well enough to overcome some of those common roadblocks and get you approved

Social Security Disability benefits are designed to be long-term

The Social Security Administration defines ‘long-term’ as unable to work for 12 or more months. If your disability is considered terminal, the benefits could be awarded for a lifetime. Many times, people assume SSDI will cover shorter term disabilities. While private insurance companies may award short term disability benefits, SSDI does not.

Help is available for applying for SSDI as well as appealing denied SSDI claims

Here at Dan Chapman and Associates, we are here to help! If you’ve been denied? We are on your side! Our qualified professionals are here to provide you with information and answer any questions you may have. We offer a free case evaluation of your situation, and there is no fee unless you win. Call us today at 678-CHAPMAN or complete the form below and a member of our team will be in touch soon.

Social Security Denied Claim Form

Intake form for denied Social Security claims.

Workers Compensation | Medical Benefits Under Georgia Law

If you have been injured in the course and scope of your employment, it is important to know that the workers’ compensation system will provide you with two types of benefits – weekly income benefits and medical treatment.  This entry will discuss the types of medical benefits that an Injured Worker may be entitled to receive under Georgia law.

It is important to remember that the primary function of the workers’ compensation system in Georgia is to provide Injured Workers with the medical treatment needed in order to allow them to return to work.  In the event that your claim is accepted as compensable, the insurance company will be required to provide you with all medical treatment that your authorized treating physician deems to be reasonable and necessary to help you recover from your accident. This may include things such as hospital visits, treatment with your authorized treating physician, payment for prescriptions, physical therapy treatment, and expenses associated with traveling to and from medical appointment.  Remember that the Employer/Insurer is not under any obligation to pay for medical treatment which is not recommended by the authorized treating physician.  This being the case, under most circumstances, the Employer/Insurer will not pay for treatment that you receive from your personal physician.

Injured Workers are entitled to medical treatment for up to 400 weeks following the date of the accident.  Remember that as long as the medical treatment is approved by an authorized treating physician, the insurance company is required to pay for your medical treatment and you will not have to come out of pocket for medical treatment.

Have you or a loved one been involved in a workplace accident?  It is important that you contact an attorney who specializes in workers’ compensation in order to ensure that your rights are adequately represented.  Contact the attorneys at Dan Chapman & Associates.  We offer free case evaluations and collect no fees unless you win!

Workers Compensation | Income Benefits Under Georgia Law

 

If you have been injured in the course and scope of your employment, it is important to know that the workers’ compensation system will provide you with two types of benefits – weekly income benefits and medical treatment. This entry will discuss the various types of income benefits that an Injured Worker may be entitled to receive.

Under Georgia law, there are three (3) distinctly different types of income benefits that Injured Workers may be entitled to:

  1. 1) Temporary Total Disability Benefits (TTD)

If a doctor removes you from work completely, or if your employer is unable to accommodate your light duty work restrictions, then you may be entitled to TTD benefits.  Workers entitled to TTD benefits receive two-thirds (2/3) of their average weekly wage up to a maximum of $575/week.  An Injured Worker is entitled to receive TTD benefits for up to 400 weeks from the date of their accident.

  1. 2) Temporary Partial Disability Benefits (TPD)

If you return to work following your accident and are earning less money than you were prior to your workplace accident, then you may be entitled to TPD benefits.  Workers entitled to TPD benefits receive two-thirds (2/3) of the difference between what they were earning prior to the accident and what they are receiving after the accident up to a maximum of $383.00.  An injured worker can receive these benefits for up to 350 weeks from the date of their accident.

  1. 3) Permanent Partial Disability Benefits (PPD)

In the event that your authorized treating physician assigns you what is known as a “permanent impairment rating,” then you could be entitled to PPD benefits.  These PPD benefits can be paid out in one lump sum payment, or on a weekly basis.  The amount of PPD benefits that you will receive will depend upon the impairment rating assigned, your average weekly wage, and the body part to which the impairment rating is assigned.

Have you or a loved one been involved in a workplace accident?  It is important that you contact an attorney who specializes in workers’ compensation in order to ensure that your rights are adequately represented.  Contact the attorneys at Dan Chapman & Associates.  We offer free case evaluations and collect no fees unless you win!

Workers Compensation Evaluation

Atlanta Workers Compensation Intake
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Are Workers’ Compensation Benefits Considered “Taxable Income?”

 

It is that time of year again. The deadline for filing personal income tax returns is fast approaching and the dreaded April 15th deadline will be here before we know it.  If you have received workers’ compensation benefits, you may wonder whether the income benefits that you have received need to be reported as taxable income. The good news is that, generally speaking, workers’ compensation benefits are not considered taxable income. Accordingly, Injured Workers are not required to report workers’ compensation benefits on their W2s or other tax documents.

There are certain exceptions to this general rule, however.  Specifically, if an Injured Worker has received Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) certain tax implications may be involved.  If you have any questions regarding the specific nature of the tax implications involving either SSDI or SSI benefits, it is recommended that you contact a tax professional.

Have you or a loved one been involved in a workplace accident?  It is important that you contact an attorney who specializes in workers’ compensation in order to ensure that your rights are adequately represented.  Contact the attorneys at Dan Chapman & Associates.  We offer free case evaluations and collect no fees unless you win!

Workers Compensation Evaluation

Atlanta Workers Compensation Intake
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Georgia Workers Compensation Average Weekly Wage Calculation

Georgia Workers Comp: Average Weekly Wage and How It Is Calculated

In Georgia, if you have been involved in a compensable workers’ compensation claim, you are entitled to two types of benefits – income benefits and medical treatment.  When discussing income benefits, it is important to understand what is meant by the term “average weekly wage” and how the average weekly wage is calculated.

By law, there are three (3) methods through which your average weekly wage can be calculated:

  1. Thirteen (13) Weeks of Employee’s Earnings:  Pursuant to O.C.G.A. § 34-9-260 (1), the preferred method of calculating an injured worker’s average weekly wage is by reviewing the worker’s wages from the thirteen (13) weeks preceding the date of the accident and then taking the average of those thirteen (13) weeks of earning.  For example, if the injured worker earned $13,000.00 during the thirteen (13) week preceding his accident, then he would have an average weekly wage of $1,000.00.
  1. Thirteen (13) Weeks of Similarly Situated Employee’s Earnings: If the injured worker has not worked “substantially the whole” of the thirteen (13) weeks preceding the injury, then the injured workers’ average weekly wage must be calculated by using the wages of a similarly situated employee.  Pursuant to O.C.G.A § 34-9-260 (2) a similarly situated employee is a person who performs a similar type of job for the same employer.  If a similarly situated employee can be found, then the injured workers’ average weekly wage will be calculated based upon the same metrics above, only the wages will be those of the similarly situated employee.
  1. Contracted Rate of Hire:  If neither of the first two methods can be utilized in determining the injured worker’s average weekly wage, then the third method of determining the injured worker’s average weekly wage is to take the injured worker’s contracted rate of hire (or their hourly wage) and multiplying that rate by the number of hours they are contracted to work.  For instance, if the injured worker earns $10.00 per hour and is contracted to work 40 hours per week, then the injured work would have an average weekly wage of $400.00

Accurately determining your average weekly wage is significant in that it serves as the basis for determining what your weekly compensation rate will be.  An injured worker is entitled to receive 2/3 of their average weekly wage as their weekly workers’ compensation payment — up to a maximum of $575.00 per week.  Using the example above, if the injured worker has an average weekly wage of $400.00, then the corresponding compensation rate would be $266.67.

Have you or a loved one been involved in a workplace accident?  It is important that you contact an attorney who specializes in workers’ compensation in order to ensure that your rights are adequately represented.  Contact the attorneys at Dan Chapman & Associates.  We offer free case evaluations and collect no fees unless you win!

Workers Compensation Evaluation

Atlanta Workers Compensation Intake
  • Please tell us who you work for.