Georgia Workers' Compensation: A Guide to Permanent Partial Disability Benefits

In Georgia, workers' compensation is a vital resource for employees who suffer from work-related injuries or illnesses. One of the benefits available to eligible employees is Permanent Partial Disability (PPD) benefits. This guide will provide an overview of PPD benefits in Georgia, eligibility criteria, how to file a claim, and answers to frequently asked questions.

What are Permanent Partial Disability Benefits?

Permanent Partial Disability (PPD) benefits are a form of workers' compensation available to employees who have suffered a work-related injury or illness that has resulted in a permanent impairment, but who are still able to work in some capacity. PPD benefits are designed to compensate injured workers for the loss of earning capacity resulting from their injury or illness.

Eligibility Criteria for PPD Benefits

To be eligible for PPD benefits in Georgia, an employee must meet the following criteria:

1. The employee must have a work-related injury or illness.
2. The injury or illness must result in a permanent impairment.
3. The employee must have a disability rating assigned by a physician, based on the American Medical Association's (AMA) Guides to the Evaluation of Permanent Impairment.
4. The employee must be able to work in some capacity, even if at a reduced level.

How to File a PPD Claim in Georgia

Filing a PPD claim in Georgia involves the following steps:

1. Report the injury or illness to your employer as soon as possible.
2. Seek medical treatment from an authorized physician.
3. Obtain a disability rating from the authorized physician based on the AMA Guides.
4. File a WC-14 form (Notice of Claim) with the Georgia State Board of Workers' Compensation.
5. Provide supporting documentation, such as medical records, disability rating, and wage information.
6. The employer or their insurance carrier will review the claim and determine the amount of PPD benefits.
7. If the claim is approved, the employee will start receiving PPD benefits.

Frequently Asked Questions

Q: How are PPD benefits calculated in Georgia?
A: PPD benefits in Georgia are calculated using the disability rating assigned by the authorized physician, the injured worker's average weekly wage, and the number of weeks assigned to the specific body part in the Georgia workers' compensation statute. The weekly PPD benefit amount is two-thirds of the injured worker's average weekly wage, but cannot exceed the state's maximum PPD rate.

Q: How long do PPD benefits last?
A: The duration of PPD benefits depends on the injured worker's disability rating and the number of weeks assigned to the specific body part in the Georgia workers' compensation statute. For example, if an employee has a 20% impairment rating for a leg injury, and the leg is assigned 225 weeks, the employee would receive PPD benefits for 45 weeks (20% of 225 weeks).

Q: Can I receive PPD benefits if I am also receiving Social Security Disability benefits?
A: Yes, you can receive both PPD benefits and Social Security Disability benefits; however, the total amount of benefits you receive may be subject to a reduction to prevent an overpayment.

Q: What if my PPD claim is denied or I disagree with the benefit amount?
A: If your claim is denied or you disagree with the benefit amount, you have the right to request a hearing before the Georgia State Board of Workers' Compensation. You may also consider hiring a workers' compensation attorney to help you navigate the process and ensure that your rights are protected.

Q: Can I return to work while receiving PPD benefits?
A: Yes, you can return to work while receiving PPD benefits if your authorized physician has cleared you to work with restrictions or in a limited capacity. However, if you start earning more than your pre-injury average weekly wage, your PPD benefits may be reduced or terminated. It's important to communicate with your employer and insurance carrier about any changes in your work status or income.

Impairment ratings are assigned by authorized physicians based on the American Medical Association's (AMA) Guides to the Evaluation of Permanent Impairment. These ratings help determine the severity of an injury and its impact on the injured worker's ability to function. The following are some examples of possible impairment ratings and injuries under Georgia workers' compensation laws:

(Disclaimer: These are just ballbark estimates for educational purposes. Your rating could be higher or lower depending on the unique facts of your case and your specific injury.)

1. Back Injuries

Back injuries are common in workers' compensation claims and can range from minor strains to severe spinal injuries. Examples of back injuries and potential impairment ratings include:

• Herniated disc with conservative treatment (no surgery) - 5% to 15% whole person impairment
• Herniated disc with surgery (discectomy) - 10% to 20% whole person impairment
• Spinal fusion surgery - typically 15% to 25% whole person impairment, but possibly higher

2. Upper Extremity Injuries

Upper extremity injuries can involve the shoulder, arm, elbow, wrist, or hand. Examples of upper extremity injuries and potential impairment ratings include:

• Rotator cuff tear with conservative treatment - 5% to 12% upper extremity impairment
• Rotator cuff tear with surgery - 10% to 20% upper extremity impairment
• Carpal tunnel syndrome with conservative treatment - 3% to 5% upper extremity impairment
• Carpal tunnel syndrome with surgery - 5% to 10% upper extremity impairment
• Amputation of a finger - varies based on the finger and level of amputation, could range from 10% to 50% upper extremity impairment

3. Lower Extremity Injuries

Lower extremity injuries can involve the hip, thigh, knee, leg, ankle, or foot. Examples of lower extremity injuries and potential impairment ratings include:

• Meniscus tear with conservative treatment - 5% to 10% lower extremity impairment
• Meniscus tear with surgery - 10% to 15% lower extremity impairment
• Anterior cruciate ligament (ACL) tear with surgery - 15% to 25% lower extremity impairment
• Ankle fracture with surgery - 10% to 20% lower extremity impairment
• Amputation of a toe - varies based on the toe and level of amputation, could range from 5% to 25% lower extremity impairment

4. Head and Brain Injuries

Head and brain injuries can have a significant impact on an individual's cognitive and physical abilities. Examples of head and brain injuries and potential impairment ratings include:

• Concussion with full recovery - 0% whole person impairment
• Concussion with persistent post-concussion syndrome - 1% to 5% whole person impairment
• Mild traumatic brain injury with cognitive deficits - 5% to 15% whole person impairment
• Severe traumatic brain injury with significant cognitive and physical deficits - 50% or greater whole person impairment