Understanding Workers' Compensation Pain & Suffering Claims

man with arm cast talking to an attorney

If you sustain a serious injury at work there is no doubt that you will experience a significant amount of pain and suffering. Sadly, in Georgia, there is no actual compensation for pain and suffering in a workers' compensation claim. If your claim is accepted, the workers' compensation carrier only has to pay for three things.

First, the insurer must pay for weekly income benefits for the time you miss from work. In Georgia, the maximum rate of weekly benefits is $675. They have to pay weekly benefits for as long as a doctor has you on restrictions that your employer is unable to accommodate.

The workers' comp carrier is also required to pay you a PPD rating if applicable. This is a percentage for loss of use of the injured body part. For instance, if you undergo a shoulder surgery, your doctor may assign you a 10% PPD rating to the upper extremity. This translates to an additional 22.5 weeks of benefits at your weekly TTD rate.

Finally, the workers' comp carrier has to pay for all reasonable and necessary medical treatment relating to your injury. Work comp carriers often try to avoid paying for medical treatment. You may even have to go to court to have a judge order them to pay for medical treatment that is denied.

When determining the settlement value of a claim, the work comp insurer looks at how much they might have to pay over the life of a claim. They consider the three items listed above when determining how much to offer to settle. Of course, they generally try to pay as little as possible. Since they cannot be made to pay for pain and suffering, that is not something they consider in determining the value of a claim.

If you have a workers' comp claim in Georgia and you would like to discuss your claim with an attorney, contact Atlanta work injury attorney Brian H. Sumrall at 404.924.4595. An experienced attorney can help you maximize the settlement value of your claim. You can also visit

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