2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 9 - Workers' Compensation
Article 7 - Compensation Schedules
§ 34-9-260. Basis and Method for Computing Compensation Generally

Except as otherwise provided in this chapter, the average weekly wages of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation and shall be determined, subject to limitations as to the maximum and minimum amounts provided for in Code Sections 34-9-261 and 34-9-265, as follows:

1. If the injured employee shall have worked in the employment in which he was working at the time of the injury, whether for the same or another employer, during substantially the whole of 13 weeks immediately preceding the injury, his average weekly wage shall be one-thirteenth of the total amount of wages earned in such employment during the 13 weeks;
2. If the injured employee shall not have worked in such employment during substantially the whole of 13 weeks immediately preceding the injury, the wages of a similar employee in the same employment who has worked substantially the whole of such 13 weeks shall be used in making the determination under the preceding paragraph;
3. If either of the foregoing methods cannot reasonably and fairly be applied, the full-time weekly wage of the injured employee shall be used;
4. If compensation is due for a fractional part of the week, the compensation for such fractional part 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;
5. 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;
6. 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:
   1. 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
   2. 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.

(Ga. L. 1920, p. 167, § 2; Ga. L. 1922, p. 185, § 1; Code 1933, § 114-402; Ga. L. 1945, p. 486, § 1; Ga. L. 1981, p. 842, § 2; Ga. L. 1981, p. 1585, § 2; Ga. L. 1984, p. 816, § 2; Ga. L. 1998, p. 264, § 1; Ga. L. 2000, p. 794, § 2.)

- State defense force, § 38-2-50 et seq.

- Pursuant to Code Section 28-9-5, in 1986, "member" was substituted for "number" in paragraph (6).

Pursuant to Code Section 28-9-5, in 1988, "amount" was substituted for "amounts" near the end of paragraph (1).

- For article surveying developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981). For article surveying developments in Georgia workers' compensation law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 323 (1981). For annual survey of workers' compensation, see 38 Mercer L. Rev. 431 (1986). For annual survey article discussing workers' compensation law, see 52 Mercer L. Rev. 505 (2000). For annual survey on workers' compensation, see 64 Mercer L. Rev. 341 (2012). For annual survey on workers' compensation law, see 66 Mercer L. Rev. 247 (2014). For annual survey of workers' compensation, see 67 Mercer L. Rev. 287 (2015). For annual survey of workers' compensation, see 68 Mercer L. Rev. 333 (2016). For comment on St. Paul-Mercury Indem. Co. v. Idov, 210 Ga. 256, 78 S.E.2d 799 (1953), see 16 Ga. B. J. 457 (1954). For comment on Atlantic Co. v. Moseley, 215 Ga. 530, 111 S.E.2d 239 (1959), see 23 Ga. B. J. 132 (1960).

ANALYSIS

• General Consideration
• Injuries Arising Out of and in the Course of Employment
• Payment of Wages
• Third Parties
• Determination of Compensation
• Procedure
• Illustrative Cases

RESEARCH REFERENCES

ALR.

- Right to take rise or fall in wages since date of accident into account in fixing workmen's compensation, 2 A.L.R. 1642; 92 A.L.R. 1188.

Workmen's compensation: civil and criminal consequences of failure to insure, or otherwise secure compensation, 21 A.L.R. 1428.

Workmen's compensation: anticipation of increase in wages of minor as an element in fixing compensation, 21 A.L.R. 1531.

Workmen's compensation: deductions allowable in computing earnings as basis of compensation, 22 A.L.R. 864.

Workmen's compensation: statutory phrase "incapacity for work" or the like, as including inability to obtain work following an injury, 33 A.L.R. 115.

Accident and disability insurance: when insured deemed to be totally and continuously unable to transact all business duties, 37 A.L.R. 151; 39 A.L.R.3d 1026.

Workmen's compensation: rights and remedies where employee was injured by a third person's negligence, 37 A.L.R. 838; 67 A.L.R. 249; 88 A.L.R. 665; 106 A.L.R. 1040.

Workmen's compensation: illness or injury due to artificial temperature as compensable, 41 A.L.R. 1124; 53 A.L.R. 1095; 61 A.L.R. 218.

Tips or gratuities as factor in determining amount of compensation under Workmen's Compensation Act, 75 A.L.R. 1223.

Deduction for lost time in computing wages as basis for workmen's compensation, 82 A.L.R. 889.

Board and lodging as a factor in determining the amount of compensation under Workmen's Compensation Act, 84 A.L.R. 188.

Injured employee's capital interest in business conducted or served by him after injury as affecting amount of his compensation under Workmen's Compensation Act, 88 A.L.R. 633.

Expense money as a factor in computing one's earnings, salary, or compensation as regards his status as an employee within the Workmen's Compensation Act or the amount of compensation under the act in event of his injury or death, 94 A.L.R. 763.

Marriage as terminating right to future payments of workmen's compensation to injured female employee, 96 A.L.R. 976.

Award under Workmen's Compensation Act as bar to or ground for reduction of claim under act of another state, 101 A.L.R. 1445; 150 A.L.R. 431; 169 A.L.R. 1185.

Rate of discount to be considered in computing present value of future earnings or benefits lost on account of death or personal injury, 105 A.L.R. 234.

Basis for computation of compensation in case of employees who have been intermittently but not continuously employed prior to the injury, 112 A.L.R. 1094.

Workmen's compensation: compensation for disfigurement, 116 A.L.R. 712.

Workmen's compensation: crediting employer or insurance carrier with earnings of employee reemployed, or continued in employment, after injury, 175 A.L.R. 725; 84 A.L.R.2d 1108.

Workmen's compensation: crediting employer or insurance carrier with earnings of employee reemployed, or continued in employment, after injury, 84 A.L.R.2d 1108.

Validity and construction of accident insurance policy provision making benefits conditional on disability occurring immediately, or at once, or within specified time of accident, 39 A.L.R.3d 1026.

Workers' compensation: bonus as factor in determining amount of compensation, 84 A.L.R.4th 1055.

Workers' compensation: recovery for carpal tunnel syndrome, 14 A.L.R.5th 1.

Workers' compensation: tips or gratuities as factor in determining amount of compensation, 16 A.L.R.5th 191.

Presumption or inference that accidental death of employee engaged in occupation of manufacturing or processing arose out of and in course of employment, 47 A.L.R.5th 801.

Excessiveness of adequacy of damages awarded for injuries to trunk or torso, or internal injuries, 48 A.L.R.5th 129.

Right to workers' compensation for injury suffered by employee while driving employer's vehicle, 28 A.L.R.6th 1.

Right to workers' compensation for physical injury or illness suffered by claimant as result of nonsudden mental stimuli - compensability under particular circumstances, 39 A.L.R.6th 445.

Right to compensation under state workers' compensation statute for injuries sustained during or as result of horseplay, joking, fooling, or the like, 41 A.L.R.6th 207.

Injury to employee as arising out of or in course of employment for purposes of state workers' compensation statute - effect of employer-provided living quarters, room and board, or the like, 42 A.L.R.6th 61.

Workers' compensation: value of employer-provided room, board, or clothing as factor in determining basis for or calculation of amount of compensation under state workers' compensation statute, 48 A.L.R.6th 387.

Construction and application of re-examination clause of Seventh Amendment, 10 A.L.R.7th 1.

Workers' compensation: value of expenses reimbursed by employer as factor in determining basis for or calculation of amount of compensation under State Workers' Compensation Statute, 63 A.L.R. 6th 187.