Georgia Workers' Compensation Settlement Chart
Free interactive educational tool to learn how Georgia workers' comp settlements are calculated
Georgia law limits income benefits to 400 weeks from this date
Different body parts have different maximum benefit weeks under Georgia law
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Frequently Asked Questions
Will this chart tell me what my case is worth?
This interactive chart does not tell you what your case is worth. Only a licensed attorney who is familiar with the facts of your case can give you an accurate valuation. The value of your case can vary widely based on unique facts and tecnhical legal issues. This interactive chart provides a an educational tool to show the parts that make up a settlement. However, actual settlement values vary based on case-specific factors like medical evidence quality, pre-existing conditions, and negotiation outcomes. For an accurate valuation, consult with a Georgia workers' comp attorney. This calculator provides a reasonable estimate based on standard workers' compensation formulas used in Georgia. However, actual settlement values vary based on case-specific factors like medical evidence quality, pre-existing conditions, and negotiation outcomes. For an accurate valuation, consult with a Georgia workers' comp attorney.
What is the 400-week rule in Georgia?
Under OCGA § 34-9-261, income benefits (TTD and TPD) are typically limited to 400 weeks from the date of injury. This is approximately 7.7 years. After 400 weeks, income benefits stop unless you have a catastrophic injury that qualifies for lifetime benefits.
How is my impairment rating determined?
A doctor evaluates your permanent impairment using the AMA Guides to the Evaluation of Permanent Impairment (5th Edition). The rating is expressed as a percentage (0-100%) and considers your injury's impact on your ability to perform daily activities and work tasks. Higher ratings result in larger PPD awards.
Why do settlements use present cash value?
Present cash value accounts for the time value of money. Because you receive a lump sum today instead of weekly payments over years, insurance companies discount future benefits using a discount rate (typically 2-8%). This reflects that money received today can be invested and earn returns over time.
What percentage of exposure should I expect in a settlement?
Insurance companies generally want to settle claims for between 50–70% of their exposure (their worst case scenario of what they might have to pay if the case never settles). All cases settle in a range of the possible exposure. Represented workers get better settlements than unrepresented workers. An experienced attorney can assess your case and negotiate for a higher percentage based on the strength of your claim, medical evidence, and case-specific factors.
Should I hire an attorney for my workers' comp case?
Yes. Studies show that represented claimants receive significantly higher settlements than unrepresented claimants, even after attorney fees. Georgia workers' comp attorneys work on contingency (typically 25% of recovery), so you pay nothing upfront and nothing unless you win. An experienced attorney knows how to maximize your settlement value.
What if my injury qualifies as catastrophic?
Catastrophic injuries (paralysis, amputations, severe brain injuries, total blindness, severe burns) are exempt from the 400-week limit and may qualify for lifetime income benefits. If you believe your injury is catastrophic, consult an attorney immediately to ensure proper classification, as this can significantly impact your long-term benefits.
Are workers' comp settlements taxable in Georgia?
Generally, workers' compensation benefits (including settlements) are not taxable under federal or Georgia state tax law. However, if part of your settlement includes retirement benefits or interest, those components may be taxable. Consult a tax professional regarding your specific settlement.
Why do insurance companies settle workers' comp cases?
Georgia law allows injured workers and insurers to settle claims for a lump sum (subject to State Board approval) instead of continuing weekly payments for the full statutory period. Insurance companies prefer settlements because they pay a smaller amount now than they anticipate paying over the full life of the claim. Rather than financing up to 400 weeks of benefits (or lifetime benefits in catastrophic cases), insurers can close the file and achieve long-term cost savings. This settlement mechanism is commonly used in serious injury claims, reflecting a norm in Georgia that lengthy benefit entitlement is typically cut short by a negotiated agreement that benefits both parties.