2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 9 - Workers' Compensation
Article 7 - Compensation Schedules
§ 34-9-261. Compensation for Total Disability

While the disability to work resulting from an injury is temporarily total, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $675.00 per week nor less than $50.00 per week, except that when the weekly wage is below $50.00, the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shall be payable for a maximum period of 400 weeks from the date of injury; provided, however, that in the event of a catastrophic injury as defined in subsection (g) of Code Section 34-9-200.1, the weekly benefit under this Code section shall be paid until such time as the employee undergoes a change in condition for the better as provided in paragraph (1) of subsection (a) of Code Section 34-9-104.

(Ga. L. 1920, p. 167, § 30; Ga. L. 1922, p. 185, § 3; Ga. L. 1923, p. 92, § 3; Code 1933, § 114-404; Ga. L. 1937, p. 528; Ga. L. 1949, p. 1357, § 1; Ga. L. 1955, p. 210, § 1; Ga. L. 1963, p. 141, § 5; Ga. L. 1968, p. 3, § 1; Ga. L. 1973, p. 232, § 3; Ga. L. 1974, p. 1143, § 3; Ga. L. 1975, p. 190, § 4; Ga. L. 1978, p. 2220, § 3; Ga. L. 1981, p. 842, § 2.1; Ga. L. 1982, p. 2485, §§ 1, 7; Ga. L. 1985, p. 727, § 8; Ga. L. 1990, p. 1409, § 14; Ga. L. 1992, p. 1942, § 21; Ga. L. 1994, p. 887, § 14; Ga. L. 1996, p. 1291, § 11; Ga. L. 1997, p. 1367, § 8; Ga. L. 1999, p. 817, § 7; Ga. L. 2000, p. 1321, § 6; Ga. L. 2001, p. 748, § 6; Ga. L. 2003, p. 364, § 6; Ga. L. 2005, p. 1210, § 7/HB 327; Ga. L. 2007, p. 616, § 6/HB 424; Ga. L. 2013, p. 651, § 5/HB 154; Ga. L. 2015, p. 1079, § 3/HB 412; Ga. L. 2016, p. 287, § 3/HB 818; Ga. L. 2019, p. 798, § 4/SB 135.)

The 2015 amendment, effective July 1, 2015, substituted "$550.00" for "$525.00" in the middle of the first sentence.

The 2016 amendment, effective July 1, 2016, substituted "$575.00" for "$550.00" in the first sentence of this Code section.

The 2019 amendment, effective July 1, 2019, substituted "$675.00" for "$575.00" in the first sentence.

- 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 article, "Workers' Compensation," see 53 Mercer L. Rev. 521 (2001). For survey article on workers' compensation law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 459 (2003). For annual survey of law of worker's compensation, see 56 Mercer L. Rev. 479 (2004). For annual survey of workers' compensation law, see 57 Mercer L. Rev. 419 (2005). For survey article on workers' compensation law, see 59 Mercer L. Rev. 463 (2007). For annual survey of law on workers' compensation, see 62 Mercer L. Rev. 383 (2010). For article on the 2013 amendment of this Code section, see 30 Ga. St. U.L. Rev. 185 (2013). For annual survey on worker's compensation, see 71 Mercer L. Rev. 345 (2019). For note on the 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 285 (1992). For note on the 1994 amendments of Code Sections34-9-261 and34-9-262 of this article, see 11 Ga. St. U.L. Rev. 204 (1994). For comment criticizing Hartford Accident & Indem. Co. v. Braswell, 85 Ga. App. 487, 69 S.E.2d 385 (1952), see 4 Mercer L. Rev. 215 (1952). For comment on Hartford Accident & Indem. Co. v. Braswell, 85 Ga. App. 487, 69 S.E.2d 385 (1952), see 15 Ga. B. J. 229 (1952). For comment on Bethlehem Steel Co. v. Dempsey, 94 Ga. App. 408, 94 S.E.2d 749 (1956), see 20 Ga. B. J. 267 (1957). For comment discussing constitutional amendment to establish a subsequent injury fund under workers' compensation, see 13 Ga. St. B. J. 50 (1976).

ANALYSIS

• General Consideration
• Total Disability
• Temporary Partial Disability
• Permanent Partial Disability

OPINIONS OF THE ATTORNEY GENERAL

Injured employee receiving additional benefits not ineligible for total incapacity rating.

- The fact that an injured employee is receiving additional benefits would not make the employee ineligible for a total incapacity rating under former Code 1933, § 114-404 (see now O.C.G.A. § 34-9-261), and switch the employee to eligibility for partial disability under former Code 1933, § 114-405 (see now O.C.G.A. § 34-9-262), since partial incapacity was determined by the difference between the wages which an employee earned before the employee's injury and those wages which the employee was able to earn thereafter. 1971 Op. Att'y Gen. No. 71-136.

RESEARCH REFERENCES

ALR.

- 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.

What amounts to total incapacity within Workmen's Compensation Acts, 67 A.L.R. 785; 98 A.L.R. 729.

Workmen's compensation: right to compensation for temporary total disability in addition to compensation for permanent partial disability, 88 A.L.R. 385.

Workmen's compensation: right of employer or insurance carrier to discontinue, without an order or ruling in that regard, payments provided for by agreement, 129 A.L.R. 418.

What constitutes total or permanent disability within the coverage of disability insurance coverage issued to farmer or agricultural worker, 26 A.L.R.3d 714.

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.

Admissibility of opinion evidence as to employability on issue of disability in health and accident insurance and workers' compensation cases, 89 A.L.R.3d 783.

Compensability of specially equipped van or vehicle under workers' compensation statutes, 63 A.L.R.5th 163.