I injured my ankle back in August. I have missed work, been place on restricted hours. I finally got sent to a specialist this past thursday. I start rehab on Monday. I had a phone interview with my workers comp. represenative and she told me that i would be reimbursed for time i missed worked and the days that i worked limited hours.
She told me that it would take 13 weeks from today before i would receive any compensation. She also told me that I have to have 13 weeks of time worked prior to the date of the injury and that time worked is a factor of how much i am to receive.
I am hoping that physical therapy will help my ankle so that i can go back to working full time. Is the workers Comp. rep. trying to get over on me or is the 13 weeks waiting period normal. please let me know as soon as possible. Thank You
–Jason
Jodi Ginsberg replies: Jason, thank you for your inquiry. The answer is "NO." You do not have to wait 13 weeks (91 days) to get payment when an authorized treating doctor gives you a "no work" form or puts you on light duty and the job has no light duty.
The ins company rep is not telling you the correct information. The law states that when there is an accepted claim, there is a 21 day waiting period from the date of accident and then you can recover TTD (temporary total disability) benefits. The 13 weeks comes into play when they look at your average weekly gross wage so they can figure how much to pay you in TTD weekly. There is obviously a big difference between waiting 3 weeks as opposed to 13 weeks. Again, you only have to wait 21 days (3 weeks) for your first check if the insurance company accepts responsibility for the claim.
Your TTD benefit is an average of the past 13 weeks of gross wages of your salary OR if you were not there for 13 weeks then of a similar employee. The TTD benefits are 66 2/3 % of average wage and depending upon the year there is a cap paid. Right now the cap is $450 per week for injuries in 2006.
You are welcome to call me at 770-351-0801 to discuss your case further and rights you have under the law when it comes to benefits, proper medical care, payment, reimbursement and settlement. Please be careful when dealing with the ins company as they may tell you things that are not always correct or that you misinterpreted.
[tags] TTD benefit in Georgia, 21 day waiting period workers comp, 13 weeks and georgia workers compensation, georgia workers comp benefits [/tags]
Ermine Kaladzhyan says
hi I have been injured at work and have been seeing docter through workers comp ins. Also I need to have surgery and docter’s order is to be out 4 weeks aftern sergery. My HR is trying to push me to get state disability. My opinion is if workers comap is treating me for two month and authorized to have suregery, why I have to use my own vacaion and state disability. Can someone give me any advise please. Thanks Ermine K.