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400-Week Cap on Medical Benefits in Most Georgia Workers' Compensation Claims

400-Week Cap on Medical Benefits in Most Georgia Workers' Compensation Claims

In 2013, the Georgia Legislature revised the Georgia Workers’ Compensation Act in various ways, which the Legislature typically does each year. One major revision the Legislature made in 2013, however, was to create a cap on medical benefits for all non-catastrophic injuries that occur on or after July 1, 2013. This is a significant change, and has a greater impact on injured workers than do most changes the Legislature makes in any given year.

Under the newly revised O.C.G.A. § 34-9-200(a)(2), there will be a 400 week cap on medical benefits for all non-catastrophic injuries. For on the job injuries which occurred before July 1, 2013, the old law will still apply, such that the injured employee will still be entitled to receive lifetime medical benefits as long as he or she can demonstrate that his or her medical condition is associated with the work injury.

Most Workers’ Compensation claims resolve much earlier than 400 weeks after the date of injury, the point at which medical is now capped for newer injuries. However, in cases where the injured worker is hurt seriously enough to need long term medical care, but not so severely that the case will be considered a catastrophic injury claim, this legislative change will clearly impact both the long term amount of medical care that an injured employee can receive, as well as the settlement value of his or her Workers’ Compensation claim.

To discuss your claim with an Atlanta workers’ compensation attorney contact Douglas F. Kaleita, P.C. We offer free case evaluations and there is no fee unless we win your case.

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