Your Workers’ Compensation Lawyers
in Atlanta, Georgia

Generally speaking, under IRS Code 104, any money received while under workers’ comp are not considered income, and therefore not taxable. There is an exception, however, that stipulates that a portion of the workers’ comp may possibly become taxable if a worker who is injured is, along with their workers’ comp, also in receipt of benefits through Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI). There is a certain threshold that the combined social security benefits and workers’ comp will need to stay below in order to avoid taxation. 

What will often happen is the disability insurance payments will be reduced in order to meet the threshold, and the amount of that reduction will be considered taxable income of the workers’ compensation benefits, although this is usually a fairly insignificant amount. 

As a general rule, you do not need to worry about paying taxes on workers’ compensation benefits.

In general, accidents that happen while commuting to or from work are not eligible for workers’ comp. As far as the law is concerned, accidents that may arise at this time happen on an employee’s time and not an employer’s, so the employer bears no responsibility.

There are a few cases in which accidents while traveling to work are covered by workers’ comp. For example, most on-call employees should be covered from the moment they are called, rather than when they arrive for work. Those who are on the road for work, such as salespersons and nurses, are exempt from the “coming-and-going” rule, as this is an integral part of their employment. Employees who have to commute via a “zone of danger,” such as a construction site on the way to work may be eligible if they become injured as a result of this.

In a word, no. The idea is that you would be receiving workers’ compensation specifically because you are injured and unable to work. If you show that you are capable of working a second job, the insurance company could determine that you are able to return to work or find employment elsewhere.

There’s a special formula designed for calculating the total you would be owed with workers comp in Atlanta, Georgia. The gross of the previous 13 weeks (prior to the injury) is totaled, divided by 13 (to achieve the weekly amount) and multiplied by two thirds. From this, the total temporary disability rate is attained, although as of 2019, the maximum amount possible to be earned from temporary disability benefits is $675 per week.

So yes, any overtime worked in those previous 13 weeks will be included when calculating your average weekly wage, and even if you were entitled to it but weren’t in receipt of it.

Generally speaking, independent contractors are not entitled to receive workers’ compensation benefits. Despite more and more people undertaking jobs on a contractual basis, independent contractors are nonetheless considered self-employed, and therefore, somewhat paradoxically, both employers and employees.

This isn’t to say it’s all bad news, however, as Georgia laws regarding independent contractors can be somewhat complex. Sometimes someone who may not be a normal W2-type employee may be entitled to receive workers’ compensation benefits.

A workers’ compensation lawyer in Atlanta can help you file a workers’ comp claim or assist you if your claim is denied.

Knowing when you may need the assistance of a workers’ compensation attorney is crucial. The following points are suggestions of when the help of an attorney in your case could be vital:

• When initially filing a workers’ comp claim: While you’re filing your claim, an attorney can help to ensure that both yourself and your employer are taking the appropriate and necessary steps. Even a simple mistake during this process can cause delays in your claim or even a denied claim. An attorney can help to ensure the process is completed properly.
• If your employer or the insurance agency denies your claim, or attempts to stop or modify your benefits: If your employer attempts to deny your claim, or even if they or the insurance company tries to reduce or even eliminate your benefit, having an attorney at your side can help to ensure that all of your rights are protected, and you’ll continue to receive everything you should.
• If your employer tries to send you to a specific doctor or asks you to send a medical examination: It’s up to you to choose which doctor you wish to see, however, some employers may try to control their employees’ medical treatment and inform them that they can only see specific doctors. A lawyer will ensure that you’re receiving the best care and that no employer is trying to shift the claim into their favor
• There may have been a third party involved: If there was a third party involved in the injury, and perhaps they were the cause, you may have a third-party claim in addition to a workers’ compensation claim.
• If you are already collecting additional benefits: Sometimes people receiving workers’ comp are also eligible for other benefits, such as Social Security disability, for example. Your attorney can help you be sure that you are receiving all of the benefits that you are entitled to.

Ultimately, there is a lot you may need to consider, and a lawyer can help you not only protect your rights and ensure your claims process proceeds as smoothly as possible but also assist with the appeals process if you’re denied.