Georgia Workers' Compensation Settlement Calculator
Estimate Georgia workers' comp — Max Weekly TTD Benefit, Catastrophic Injury Designation, Exclusive Remedy Doctrine
Georgia workers' compensation claims are governed by O.C.G.A. § 34-9-261 (Max Weekly TTD Benefit): Two-thirds of average weekly wage, capped at $800/week, minimum $50/week. Of the 4 landmark Georgia workers' compensation awards documented on this page, the largest is $29.3M (Hilario v. Newell Recycling Southeast — Fulton County jury verdict (March 23, 2018); 2018).
🍑 GEORGIA: Max Weekly TTD Benefit | Catastrophic Injury Designation | Exclusive Remedy Doctrine
Your Injury
Your Estimated Settlement
$6,000 — $6,000
Pain and suffering = $15,000 in medical bills × 0.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
Workers' compensation is a no-fault system: your benefits are not reduced because you were partly or fully responsible for the accident.
Workers' compensation does not pay pain and suffering. Unlike a personal injury claim, it covers medical treatment and a portion of your lost wages only — so no pain-and-suffering amount is included above.
This figure does not include a permanent impairment award. If your injury leaves lasting limitations, most states add a separate payment based on a doctor's impairment rating and a statutory schedule.
If someone other than your employer caused the injury — a subcontractor, a driver, a defective machine — you may also have a separate personal injury claim against that party, and that claim can include pain and suffering.
Keep this estimate — it is gone when you close the tab.
Workers' Compensation Wage Benchmark — New York State claims only
Across New York State claims only, this benchmark is based on 5,586,588 real payments totaling $139.7B from official New York State workers' comp claims.
Average
$25K
Median
$20K
25th %ile
$13K
90th %ile
$44K
Source: New York State Workers' Compensation Board (via data.ny.gov). These figures come from New York State claims only and do not describe benefit levels in other states. Actual payouts may vary based on individual circumstances.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor
Georgia Workers' Compensation Law
Georgia workers' compensation benefits is governed by O.C.G.A. § 34-9-261 (Max Weekly TTD Benefit): a weekly benefit equal to two-thirds of the employee's average weekly wage, capped at $800/week and no less than $50/week (or the full average weekly wage if it falls below $50). Benefits run for a maximum of 400 weeks from the date of injury — unless the injury is designated catastrophic, in which case the 400-week cap is removed entirely.
Filing Deadline (O.C.G.A. § 34-9-82): a claim is barred unless filed within one year after the injury, extended to one year after the last remedial treatment furnished by the employer or two years after the last payment of weekly benefits, whichever is later. Death claims must be filed within one year of death. Separately, O.C.G.A. § 34-9-80 requires notice to the employer within 30 days of the accident — missing that window forfeits benefits and medical fees that accrued before notice, absent incapacity, fraud, employer knowledge, or a non-prejudicial reasonable excuse.
Scheduled-Member PPD (O.C.G.A. § 34-9-263): two-thirds of average weekly wage multiplied by the percentage of impairment (rated under the AMA Guides, 5th edition) and the statutory number of weeks for the body part — 225 weeks for an arm or leg, 160 for a hand, 300 for the body as a whole. At the $800 cap, a 100% arm/leg loss maxes out near $180,000; a full body-as-a-whole rating near $240,000.
Key Georgia Workers' Compensation Statutes
Georgia workers' compensation benefits operates under these critical legal rules:
O.C.G.A. § 34-9-261
Max Weekly TTD BenefitStandard: Two-thirds of average weekly wage, capped at $800/week, minimum $50/week
Scope: Payable for a maximum of 400 weeks from the date of injury; the 400-week cap is removed entirely if the injury is designated catastrophic under § 34-9-200.1. If wages are below $50/week, the employer pays the full average weekly wage instead.
O.C.G.A. § 34-9-262
Temporary Partial Disability (TPD)Standard: Two-thirds of the difference between pre-injury and post-injury average weekly wage, capped at $533/week
Scope: Applies when an injured worker returns to lower-paying or restricted-duty work. Payable for a maximum of 350 weeks from the date of injury.
O.C.G.A. § 34-9-263
Scheduled-Member PPDStandard: Two-thirds of AWW x impairment % (AMA Guides, 5th ed.) x statutory weeks for the body part
Scope: Arm/leg 225 wks, hand 160, foot 135, thumb 60, index finger 40, one eye (vision loss) 150, one ear (hearing loss) 75, body as a whole 300 wks. At the $800 cap, a 100% arm/leg rating maxes out near $180,000; a full body-as-a-whole rating near $240,000. Loss of multiple major members creates a rebuttable presumption of total disability.
O.C.G.A. § 34-9-200.1
Catastrophic Injury DesignationStandard: Removes the 400-week TTD cap entirely (the removal clause itself sits in § 34-9-261; § 34-9-200.1 supplies the 'catastrophic injury' definition) — benefits continue until a documented change in condition
Scope: Qualifying injuries: spinal cord injury with severe paralysis of an arm, leg or trunk; amputation with effective loss of use; severe brain/closed-head injury; severe burns (2nd/3rd-degree over 25% of the body, or 3rd-degree over 5% of the face/hands); total industrial blindness; or any injury preventing return to prior work or substantial work in the national economy. Employer must appoint a rehab supplier within 48 hours of accepting compensability. A light-duty release creates a rebuttable presumption against catastrophic status for up to 130 weeks; reaching Social Security retirement age triggers a similar presumption, resolved at a Board hearing.
O.C.G.A. § 34-9-11
Exclusive RemedyStandard: Workers' comp benefits exclude and replace all other rights/remedies against the employer for the injury
Scope: Third-party tort claims against non-employer defendants are preserved (equipment manufacturers, subcontractors, property owners) — except co-employees, contracted WC-benefit providers, and (with narrow exceptions for negligent design and intentional misconduct) construction design professionals. The Georgia Court of Appeals confirmed in 2026 (Crook v. Six Flags Over Georgia II, A26A0470) that exclusivity is an affirmative defense the employer must prove, not a bar the worker must disprove.
O.C.G.A. § 34-9-82
Filing Deadline (Statute of Limitations)Standard: Claim barred unless filed within 1 year of injury, extended to 1 year after the last remedial treatment furnished by the employer or 2 years after the last payment of weekly benefits, whichever is later; death claims within 1 year of death
Scope: Separate notice requirement under O.C.G.A. § 34-9-80: report the accident to your employer within 30 days or forfeit benefits/medical fees that accrued before notice, unless you can show physical/mental incapacity, fraud or deceit, the employer's prior knowledge of the accident, or a reasonable excuse that did not prejudice the employer.
Recovery Structure
Medical treatment through an authorized treating physician (generally unlimited for the compensable injury), TTD wage-loss benefits at 2/3 of AWW up to $800/week (O.C.G.A. § 34-9-261), TPD benefits at 2/3 of the wage difference up to $533/week for up to 350 weeks (O.C.G.A. § 34-9-262) if you return to lower-paying work, PPD scheduled-member awards, and death/dependency benefits for survivors. No pain-and-suffering recovery under workers' comp — that trade-off is what makes the exclusive remedy doctrine possible.
Key Georgia Doctrines
Catastrophic Injury Designation: removes the 400-week benefit cap for spinal cord injuries with severe paralysis, amputations with effective loss of use, severe brain injury, severe burns (25%+ of the body or 5%+ of the face/hands), total blindness, or any injury preventing return to substantial gainful work — effectively Georgia's lifetime-benefit track. Exclusive Remedy: workers' comp is the injured worker's only remedy against the employer, but the Georgia Court of Appeals confirmed in 2026 (Crook v. Six Flags Over Georgia II, A26A0470) that exclusivity is an affirmative defense — the employer must prove it applies, not the worker disprove it. Third-party claims against non-employer defendants (equipment makers, subcontractors) remain available and run alongside the WC claim, subject to the carrier's subrogation lien on the economic-damages share of any recovery.
Damage Structure + Caps
TTD capped at $800/week with a $50/week minimum (O.C.G.A. § 34-9-261); TPD capped at $533/week (O.C.G.A. § 34-9-262); PPD scheduled awards up to 300 weeks for a body-as-a-whole rating; attorney contingency fees capped at 25% of the recovery of weekly benefits, subject to Board approval. Both the TTD and TPD caps are fixed dollar amounts set directly in the statute rather than indexed annually — they change only when the General Assembly amends the Code.
Georgia Workers' Compensation Verdicts + Averages
Recent Georgia workers' compensation-adjacent outcomes, plus the statutory maximum PPD calculations (marked as examples, not individual cases):
| Amount | Year | Case / Injury |
|---|---|---|
| $325K | 2025 | McLeod v. BITCO Insurance Companies, Ga. Ct. App. No. A25A1362 (Oct. 22, 2025) — Third-party tort settlement following a workplace injury; Court of Appeals reversed enforcement of the workers' comp carrier's subrogation lien ($166,371.59 in benefits paid), holding the lien reaches only the economic-damages portion of an unallocated settlement |
| $29.3M | 2018 | Hilario v. Newell Recycling Southeast — Fulton County jury verdict (March 23, 2018) — Workplace fire death — worker burned while emptying vehicle gas tanks before crushing at an East Point, GA recycling facility; jury awarded $29.25M, parties reached a confidential post-verdict settlement before punitive-damages deliberation |
| $180K | 2026 | Statutory schedule example — 100% arm rating (225 weeks x $800/week cap = $180,000) — Illustrative maximum PPD payout, total loss of use of an arm (O.C.G.A. 34-9-263 schedule at the 34-9-261 cap) — transparent calculation, not a reported case |
| $240K | 2026 | Statutory schedule example — 100% body-as-a-whole rating (300 weeks x $800/week cap = $240,000) — Illustrative maximum PPD payout, full body-as-a-whole rating (O.C.G.A. 34-9-263 schedule at the 34-9-261 cap) — transparent calculation, not a reported case |
Georgia Workers' Compensation FAQs
What is the maximum weekly workers' comp benefit in Georgia for 2026?
Georgia's maximum TTD benefit is $800/week (two-thirds of your average weekly wage, capped) under O.C.G.A. § 34-9-261, with a $50/week minimum. Georgia sets this figure directly in the statute rather than adjusting it every year, so it stays $800 until the General Assembly amends the Code — confirm with the State Board of Workers' Compensation before relying on it for a specific claim. Temporary partial disability (TPD) is capped separately at $533/week under § 34-9-262.
How long do I have to report my Georgia work injury and file a claim?
Report the injury to your employer within 30 days (O.C.G.A. § 34-9-80) — missing this can cost you benefits that accrued before notice. Then file your claim with the State Board within one year of the injury (O.C.G.A. § 34-9-82), extended to one year after your last authorized medical treatment or two years after your last income-benefit payment, whichever is later. Death claims must be filed within one year of death.
Can I sue my employer in Georgia in addition to workers' comp?
Generally no — O.C.G.A. § 34-9-11 makes workers' comp your exclusive remedy against your employer. The Georgia Court of Appeals held in 2026 (Crook v. Six Flags Over Georgia II) that this is an affirmative defense the employer must prove, not something you have to disprove. You can still sue third parties who aren't your employer or a co-employee — equipment manufacturers, subcontractors, property owners — and that claim runs alongside your WC claim, subject to the carrier's subrogation lien on the economic-damages portion of any recovery (McLeod v. BITCO Insurance Companies, 2025).
What is a lump-sum settlement in Georgia workers' comp?
Under O.C.G.A. § 34-9-15, you and the employer/insurer can agree to a lump-sum settlement that resolves all or part of your claim — but it isn't binding until the State Board approves it. A full and final settlement closes out the entire claim (including future medical, unless carved out); the Board can also approve settlements that keep jurisdiction open to enforce a partial resolution. Get an attorney before signing — Georgia caps contingency fees at 25% of the weekly-benefit recovery, so representation is affordable relative to what's at stake.
What counts as a 'catastrophic' injury in Georgia workers' comp?
O.C.G.A. § 34-9-200.1 lists specific categories: spinal cord injuries with severe paralysis, amputations with effective loss of use of a limb, severe brain/closed-head injuries, severe burns (second/third-degree over 25% of the body, or third-degree over 5% of the face or hands), total industrial blindness, or any injury that prevents you from returning to your prior work or any substantial work in the national economy. A catastrophic designation removes the usual 400-week cap on TTD benefits — but a light-duty release creates a rebuttable presumption against catastrophic status for up to 130 weeks, and reaching Social Security retirement age triggers a similar presumption requiring a Board hearing to resolve.
Pending Georgia Workers' Compensation Issues
Active legal developments (as of April 2026):
- TTD ($800/wk) and TPD ($533/wk) caps are fixed dollar figures written directly into O.C.G.A. §§ 34-9-261/262 rather than indexed annually; no 2025 or 2026 General Assembly amendment increasing these caps was found as of August 2026, but confirm the current figure with the State Board of Workers' Compensation before relying on it for an active claim.
- The 25% attorney contingency-fee cap (O.C.G.A. § 34-9-100 et seq.) was sourced from a secondary compliance-blog summary quoting the statute, not read directly from primary Code text in this pass.
- Georgia's income-benefit waiting period (commonly described in secondary sources as several days, retroactive if disability continues) could not be located at a verifiable O.C.G.A. citation as of August 2026 and was omitted rather than guessed — do not assume none exists.
- Current operating status of Georgia's Subsequent/Second Injury Trust Fund (whether it remains open to any category of claim) has not been confirmed and is omitted from this page.
- Hilario v. Newell Recycling Southeast: press coverage shows a $29.25M Fulton County jury verdict (March 2018) followed by a confidential post-verdict settlement of undisclosed final amount; earlier 2015 coverage of an apparently related $29M+ verdict against the same defendant could not be fully reconciled with the 2018 reporting in this pass — treat the exact procedural history as approximate.
- Additional dated, dollar-verified Georgia workers'-comp-specific settlements beyond the two listed has not been confirmed against a working source URL within the August 2026 review — Georgia WC settlements are typically not public court filings in the way third-party tort verdicts are.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- codes.findlaw.com/ga/title-34-labor-and-industrial-relations/ga-code-sect-34-9-261
- codes.findlaw.com/ga/title-34-labor-and-industrial-relations/ga-code-sect-34-9-262
- codes.findlaw.com/ga/title-34-labor-and-industrial-relations/ga-code-sect-34-9-263
- codes.findlaw.com/ga/title-34-labor-and-industrial-relations/ga-code-sect-34-9-200-1
- codes.findlaw.com/ga/title-34-labor-and-industrial-relations/ga-code-sect-34-9-11
- codes.findlaw.com/ga/title-34-labor-and-industrial-relations/ga-code-sect-34-9-82
- codes.findlaw.com/ga/title-34-labor-and-industrial-relations/ga-code-sect-34-9-80
- codes.findlaw.com/ga/title-34-labor-and-industrial-relations/ga-code-sect-34-9-15
- www.workerscompensation.com/news/2025/12/08/lump-sum-settlements-and-workers-compensation-subrogation-georgia-coa-reinforces-burden-on-employers-and-insurers
- www.workerscompensation.com/news/2026/07/07/georgia-employers-bear-burden-of-proving-exclusivity-rule-protects-them-from-tort-suit
- www.insurancejournal.com/news/southeast/2026/06/15/873658.htm
- www.workerscompensation.com/news/2023/10/25/compliance-corner-what-goes-in-a-ga-attorney-fees-contract
- www.fox5atlanta.com/news/family-wins-29-million-in-recycling-plant-lawsuit
Other State Workers' Compensation Calculators
Washington
L&I state fund + self-insure, PPD dollar-amount schedule, $2,303.31/wk equiv
California
SIBTF reform 2026, $1,764/wk max, QME + SB 636
New York
$1,281.50/wk max, LWEC non-schedule PPD, 2025 Protection in Workplace Act
Texas
Non-subscriber option, $1,271/wk, IBR
Illinois
Lifetime uncapped medical, $2,045.63/wk (2026)
Florida
$1,358/wk, 104-week TTD cap, narrow catastrophic definition
Michigan
PIWEC phantom wages, 80% after-tax AWW, $1,201/wk max 2026
New Jersey
Second Injury Fund, 400/450-wk caps, $1,199/wk max 2026
Ohio
BWC monopoly fund, Industrial Commission PTD, $1,281/wk
Pennsylvania
Act 111 (2017), 500-wk partial cap, $1,394/wk max 2026
Alabama
Max $1,219/wk TTD, but non-scheduled PPD (back injuries) capped at just $220/wk
Arizona
$6,131/mo max AMW (66⅔% TTD/PTD), PPD paid in months not weeks
Colorado
Competitive state fund, $1,464/wk max (91% SAWW), 4-day notice deadline
Connecticut
Max $1,716/wk (2026), 28-day contest deadline, SIF closed since 1995
Iowa
80% spendable earnings, $2,431/wk max, active Second Injury Fund
Indiana
$877/wk max (66⅔% AWW), 8-day wait, Second Injury Fund
Kentucky
Impairment-factor PPD formula, $1,277.99/wk max, coal black-lung claims
Louisiana
Second Injury Fund, SEB to 520wks, $903/wk max (Sept 2026)
Massachusetts
Opt-out exclusive remedy, $1,922/wk max rate, PPD paid in statewide-wage multiples
Maryland
Exclusive remedy, $1,537/wk max (2026), Uninsured Employers' Fund safety net
Minnesota
Private-carrier market, $1,536.84/wk max, PTSD presumption for first responders
Missouri
Strict-construction state, TTD/PTD capped 105% SAWW, PPD capped 55% SAWW
North Carolina
500-week TTD/PPD cap, $1,446/wk max (2026), 66 2/3% AWW
Oklahoma
TTD/PTD capped at $1,128.66/wk, opt-out struck down, Multiple Injury Trust Fund
Oregon
3-way market (SAIF+private+self-insure), $1,943/wk max, CDA keeps medical open
South Carolina
Exclusive remedy, $1,189.94/wk max (2026), 500-wk TTD cap, lifetime for TBI/spinal
Tennessee
$1,488.30/wk max (FY26-27), 15-day notice, PPD = rating × 450 wks, no jury trials
Virginia
500-week comp cap (PTD lifetime), $1,507/wk max, 66 2/3% AWW
Wisconsin
Dual-track cap: $1,375/wk TTD (110% SAWW) vs just $454/wk PPD; 6/12-yr SOL
Alaska
PPI = $273K × WPI%, TTD/PTD 80% of wage, max $1,627/wk (2026)
Arkansas
Max $953/wk (85% SAWW), odd-lot doctrine barred, 450-wk wage-loss cap
Washington DC
Max $1,852.07/wk (Jan 2025), 30-day notice, LHWCA-style weeks-based PPD schedule
Delaware
Max $962.72/wk (2026), 90-day notice, Medicare-based HCPS fee caps
Hawaii
66⅔% AWW, $1,240/wk max (2026), Special Compensation Fund after 104wks
Idaho
Max $1,021.50/wk (90% ASW), 500-week whole man, ISIF second-injury fund
Kansas
$905/wk max TTD/PTD, 415-wk PPD cap, SB 430 (2024) raised PTD cap $155K→$400K
Maine
Max $1,561/wk (125% of SAWW), 7-day wait, no statutory minimum, exclusive remedy
Mississippi
Max $654.63/wk, 5-day wait, Second Injury Trust Fund
Montana
$1,192/wk max, 400-week PPD formula, 60-mo medical closure
North Dakota
Monopolistic state fund (WSI), $1,614/wk max, no private insurance or self-insurance
Nebraska
Max $1,166/wk (2026), Espinoza multi-member LOEC rule, exclusive remedy
New Hampshire
$2,309/wk cap (150% SAWW); Second Injury Fund; 3-yr claim filing deadline
New Mexico
100% SAWW cap, $1,146.66/wk max, $36/wk min since 1975
Nevada
Privatized market, monthly PPD annuity (0.6%/1% WPI), max $5,691.79/mo (FY27)
Rhode Island
62% AWW formula, $1,622/wk max, dedicated Workers' Compensation Court
South Dakota
No insurance mandate • $1,152/wk max (2026) • Subsequent Injury Fund repealed 1999
Utah
Max $1,376/wk (2026), 6-yr/12-yr filing window, narrow intentional-injury exception
Vermont
Max $1,914/wk (2026), 6-mo. filing deadline, whole-person PPD schedule
West Virginia
Deliberate-intent exception, $1,150.91/wk max, no punitive damages, privatized market
Wyoming
Monopolistic state fund, no private insurance; PTD capped at 80 months, not lifetime
Main Workers' Comp Calculator
Nationwide WC benefits overview
All Workers' Compensation Calculators by State
Other Calculators for Georgia
Each Georgia calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Georgia verdict data where available.