On July 1 of each year, all bills passed and signed into law by the Georgia Legislature during the previous session go into effect. This year, there were multiple major changes to workers’ compensation in Georgia. Below you will find a recap of these changes.

• There was a change to O.C.G.A. § 34-9-200. The 400-week cap was removed for non-catastrophic claims on medical benefits for prosthetic devices, spinal cord stimulators or intrathecal pump devices and durable medical equipment, orthotics, eye glasses, or hearing aids.  Before 2013, workers did not have a cap on how long they could receive medical treatment. After 2013, a change to affect which limited the time period for which workers could receive medical treatment to 400 weeks from date of injury. This caused tremendous controversy and injured workers have diligently fought against it. Now, another huge change has happened. Injured workers still are capped at 400 weeks but not if it is deemed catastrophic. And the changes are retroactive back to 2013. 
• O.C.G.A. § 34-9-261 increased the maximum temporary total rate to $675.00. This is a notable change and make a tremendous difference for injured employees. It will also make the cost of workers’ compensation rise significantly for employers. The change provides a large increase in the maximum weekly benefits payable for lost time from work. In Georgia, the law provides that when a worker is either completely disabled or if the employer can no longer use them with sufficient light duty work, they are entitled to receive temporary total disability benefits. The maximum rate rose by $100 per week this year which is one of the largest increases to date. 
• O.C.G.A. § 34-9-262 was amended to increase the maximum temporary partial rate to $450.00. TPD benefits are paid to an injured worker when they have returned to work following the accident, but they are receiving less than they made prior to the injury. This is calculated by determining the difference in what the employee was earning on average before the injury and the amount earning after the injury. You then multiply the difference by two-thirds. 
• Another change was to O.C.G.A. § 34-9-265, It was amended to increase the maximum death benefits which may be received by a surviving spouse as a sole dependent to $270,000.00. 

The changes made this year will have a significant impact on injured workers in Georgia. They will also affect both employers and insurance companies in terms of how much they have to pay. If you have any questions at all, reach out to a local Georgia workers’ comp attorney to discuss.