Legal Question in Workers Comp in Georgia

Is Workers Compensation Insurance supposed to pay the injured employees first week salary of time off due to injury?

Asked on 8/19/10, 12:54 pm

2 Answers from Attorneys

Douglas Rohan Castan & Lecca, PC

Only after you have been out for more than 21 days.

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Answered on 8/24/10, 1:02 pm
Scott Delius Delius Law Firm, P.C.

No, not until you have missed more than 21 total days due to your injury. This situation is governed by Official Code of Georgia 34-9-220, which is entitled "Period of incapacity preceding payment of compensation." The code section reads as follows:

No compensation shall be allowed for the first seven calendar days of incapacity resulting from an injury, including the day of the injury, except the benefits provided for in Code Section 34-9-200; provided, however, that, if an employee is incapacitated for 21 consecutive days following an injury, compensation shall be paid for such first seven calendar days of incapacity.

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Answered on 8/24/10, 3:25 pm


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