Key Takeaways
- In Georgia, most injured workers do not receive their full salary while a workers’ compensation claim is pending.
- You may qualify for temporary wage replacement benefits, but these are capped at two-thirds of your average weekly wage, up to a legal maximum.
If your claim is delayed or denied, you may face a gap in income—but legal help can speed up approval and protect your rights.
Will I keep getting my normal paycheck during a workers’ comp claim?
No. Once you stop working due to a job injury, your regular salary usually stops. Your employer does not have to continue paying your wages while you’re out, even if your injury happened on the job.
Instead, you may qualify for Temporary Total Disability (TTD) benefits through Georgia’s workers’ compensation system.
How much will I get from workers’ comp while out of work?
Under Georgia law, TTD benefits pay:
- Two-thirds of your average weekly wage
- Up to a maximum of $800 per week (as of July 2023)
So if you earned $900 a week, you might receive $600. If you earned $1,500 a week, you’d hit the cap and receive $800.
You won’t receive your full salary, but workers’ comp benefits are tax-free and designed to offset lost income during recovery.
When do workers’ comp wage payments start in Georgia?
Benefits begin after you’ve missed 7 consecutive days of work. If you’re out for more than 21 days, you’ll also get paid for that first week.
Delays can occur if your employer disputes the claim, the insurer requests more medical records, or paperwork is incomplete.
A workers’ comp attorney can help speed up the process and make sure you’re not left without income for too long.
Can I use sick leave or vacation time while waiting?
Yes, many workers use:
- Sick leave
- Vacation/PTO
- Short-term disability insurance
…to bridge the gap while their workers’ comp case is pending. But using these benefits may affect how much workers’ comp pays later—or whether you’re eligible for wage reimbursement from your employer.
Always speak with your attorney before using leave or disability plans that might conflict with your claim.
What if my claim is denied or delayed?
If your claim is denied, you’ll receive no income unless you:
- Use PTO or savings, or
- Appeal the denial with legal help
A denial doesn’t mean you’re out of options. An experienced Georgia workers’ comp lawyer can:
- Request a hearing before a judge
- Gather medical evidence to support your claim
- Negotiate a settlement or backpay benefits
FAQ: Workers’ Comp Wage Replacement in Georgia
Can I work a light-duty job and still get benefits?
Yes. If your doctor clears you for light duty but it pays less than your old job, you may qualify for Temporary Partial Disability (TPD) benefits.
What if I can never go back to work?
You may be eligible for permanent disability benefits or a lump-sum settlement, depending on your impairment rating.
Does workers’ comp cover overtime or bonuses?
Wage replacement is based on your average weekly wage, which may include some overtime and bonuses if you worked them regularly.
Can my employer fire me while I’m out?
Georgia is an at-will employment state—but it’s illegal to fire someone just for filing a workers’ comp claim.
Should I get a lawyer if I’m not being paid?
Yes. If you’re injured, out of work, and not receiving benefits, an attorney can fight for backpay and medical coverage.
Call for a free workers’ comp case review
Out of work after an injury—but not getting paid? You don’t have to go without answers. At Hines Law, we help injured Georgia workers get the wage and medical benefits they’re entitled to.
We represent workers in Atlanta, Dalton, Marietta, Gainesville, Austell, and Jonesboro, with bilingual support for Georgia’s Hispanic workforce.
Call 404-226-4236 or start a chat at hineslaw.org. We don’t charge unless we win your case.