How will you get paid after an injury?
OCGA § 34-9-260: The general Basis and method for computing compensation
Georgia Law for calculating salary after an injury can be generally summarized as follows:
If the injured employee has been employed for at least 13 weeks, his average weekly wage shall be one-thirteenth of the total amount of wages earned in such employment during the 13 weeks. If he has not been employed for 13 weeks, the salary of an employee in a similar position will be used to calculate the weekly wage.
If the above methods cannot reasonably and fairly be applied, the full-time weekly wage of the injured employee shall be used.
If compensation is due for a fractional part of the week, the compensation shall be determined by dividing the weekly compensation rate by the number of days employed per week to compute the amount due for each day.
Calculating Salary for certain government workers
Firefighters: If the injured employee is a volunteer firefighter included under this chapter for volunteer fire-fighting services rendered to a county or municipality of this state or a volunteer law enforcement officer included under this chapter for volunteer law enforcement services rendered to a county or municipality of this state, such firefighter’s or volunteer law enforcement officer’s average weekly wage shall be deemed to be the Georgia average weekly earnings of production workers in manufacturing industries for the immediately preceding calendar year, as published by the Georgia Department of Labor;
National Guard or State Defense Force: The average weekly wage of a member of the Georgia National Guard or State Defense Force serving on state active duty pursuant to an order by the Governor shall be the greater of:
(A) Seven-thirtieths of the monthly pay and allowances of the individual at the time of the injury, computed in accordance with Code Section 38-2-250, adjusted from time to time for appropriated increases in such monthly pay and allowances, excluding longevity increases; or
(B) If the injured member of the Georgia National Guard or the State Defense Force worked at the time of the injury in any employment other than serving as a member of the Georgia National Guard or the State Defense Force, the average weekly wage of the individual in such other employment as determined pursuant to paragraphs (1) through (5) of this Code section or, if such individual worked at the time of the injury for more than one employer, the average combined weekly wage of the individual in such multiple employment as determined pursuant to paragraphs (1) through (5) of this Code section.
Do you have more questions about how you will get paid while recovering from a work injury? Contact us today.