Georgia’s workers’ compensation system moves fast when you’re hurt, then slows to a crawl the moment you need a clear answer about your check. I’ve sat with warehouse pickers who went from sixty-hour weeks to an immobilizer boot and no income overnight. I’ve helped nurses whose lifting restrictions cost them the night shift differential that paid the mortgage. In those first few weeks, the question that matters most is simple: which weekly benefit applies to me? Georgia distinguishes between Temporary Total Disability (TTD) and Temporary Partial Disability (TPD). The difference sounds technical until you realize it can mean hundreds of dollars each week, months of extra benefits, and stronger leverage if your employer plays games with light duty.
What follows is a practical guide drawn from day-to-day cases in Georgia. It’s not theory. It’s how TTD and TPD actually work on the ground, the traps I see people fall into, and how an experienced workers compensation lawyer evaluates choices in real time.
The core difference: no earnings versus reduced earnings
Georgia uses two temporary wage-replacement benefits when you have a compensable injury workers comp claim and you haven’t reached maximum medical improvement workers comp status.
- Temporary Total Disability (TTD): Paid when you’re completely out of work because of the injury, or your employer can’t accommodate your restrictions. Think of a roofer with a fractured ankle who can’t climb, and the company has no desk work. Temporary Partial Disability (TPD): Paid when you are working or could work within medical restrictions, but you’re earning less than before. Picture a production worker who can only do part-time sorting after a back strain and now brings home half her old pay.
Both benefits assume your injury is compensable under Georgia law and you have timely and proper notice to the employer. They’re mutually exclusive for the same week: you get one or the other.
The numbers that drive your check
Georgia calculates weekly benefits using your average weekly wage (AWW). That’s typically the average of your gross pay for the 13 weeks before the injury, including overtime and certain allowances. The insurance adjuster will ask for wage records; accuracy here changes everything.
- TTD amount: Two-thirds of your AWW, up to the statutory maximum. For injuries in recent years, the cap most commonly used is $800 per week, though the exact figure depends on the injury date. If you earned $1,000 weekly, two-thirds is $666.67, which falls below the cap, so you get $666.67. If you earned $1,600, two-thirds is $1,066.67, but you’re limited by the cap. TPD amount: Two-thirds of the difference between your pre-injury AWW and your post-injury earnings, subject to a cap that is lower than TTD. Using rough current ranges, the cap is typically $533 per week. If you used to earn $1,200 and now earn $600 on light duty, the difference is $600, and two-thirds is $400. That falls under the cap, so your TPD would be $400 for that week.
Payment frequency is weekly, though carriers sometimes bundle weeks. If the employer or insurer delays, penalties may attach. A seasoned workers comp attorney tracks these dates because late checks not only strain the budget, they bolster leverage for a settlement or hearing.
Eligibility hinges on restrictions and availability of work
The starting point is your authorized treating physician (ATP). In Georgia, the employer posts a panel of physicians or uses a properly implemented MCO network. The doctor you choose from that panel becomes the ATP whose restrictions drive benefits.
- You’re typically TTD if the ATP pulls you completely out of work. You’re also TTD if the ATP gives restrictions and the employer has no suitable light duty to offer. The “no suitable” part is practical: a desk job isn’t suitable if it violates sitting limits, or if it requires keyboarding when your hand is splinted. You’re typically TPD if you return to work within restrictions at a lower wage, or if the employer offers bona fide light duty that fits your restrictions and you refuse without good cause. “Bona fide” is not a label; it’s a fact question. I’ve seen “light duty” that involved eight hours of standing for a worker with varicose vein restrictions. That’s not bona fide.
Employers know that moving you from TTD to TPD saves them money. Expect rapid “modified duty” offers after a few weeks off. Treat these offers with care. Accept when they meet your doctor’s written restrictions. Decline when they don’t. Ask for the duties in writing and line them up against the restrictions. A work injury lawyer can help you present a clean, credible paper trail that keeps you on the right side of the law and the judge.
Waiting period, back pay, and the two-week rule
Georgia has a short waiting period before wage benefits start. If you miss fewer than eight calendar days, you don’t receive TTD or TPD for those days. If you miss at least eight but fewer than twenty-one days, you get paid from day eight forward. If you miss twenty-one days or more, you also get back pay for the first seven days. That “day eight” concept often frustrates people with intermittent shutdowns or sporadic shifts. Keep detailed attendance records. If your employer shuts you out for lack of light duty, those days count toward the waiting period even if you’re physically at home and available.
Duration limits that sneak up on you
TTD and TPD both have maximum durations, and they’re not the same.
- TTD runs up to 400 weeks from the date of injury for non-catastrophic cases. Catastrophic designations, such as severe spinal injuries or amputations, can extend benefits beyond 400 weeks. TPD is capped at 350 weeks from the date of injury and is also limited by the weekly cap.
Most workers don’t run out the clock in a straight line. They toggle between TTD and TPD based on surgery, flare-ups, or job changes. That toggling still eats into the same overall clock. I keep a simple timeline for every client: injury date, first indemnity check, change to TPD, setbacks, and any return to full duty. It prevents nasty surprises at month 10 or 30.
Maximum medical improvement and functional outcomes
Maximum medical improvement (MMI) is a medical milestone, not a calendar date. When you reach MMI, the ATP says you’re as good as you’re likely to get with treatment. TTD and TPD are “temporary” benefits, so reaching MMI doesn’t automatically shut them off, but it changes the analysis. At MMI, the doctor may assign a permanent impairment rating to a body part under the AMA Guides. That rating can entitle you to permanent partial disability (PPD) benefits paid weekly. PPD runs on its own schedule and is not the same as TTD or TPD. You can be at MMI and still receive TPD if you’re working below your pre-injury wage, but many insurers push to end temporary benefits once MMI is declared. A workers comp dispute attorney will look closely at whether the ATP changed restrictions at MMI, whether vocational capacity evaluations are needed, and whether you qualify for a catastrophic designation that shifts the duration rules.
Light duty offers: where cases are won or lost
Light duty is the lever insurers use to move you from TTD to TPD or even to zero benefits. If the employer can’t accommodate, TTD continues. If they can, the burden shifts to you to accept a suitable job. The fight usually turns on five practical questions.
- Are the duties written and specific? “Help around the office” is not enough. A clear list helps your doctor decide suitability. Do the tasks fit the ATP’s restrictions to the letter? If your lifting cap is 10 pounds, and the job requires “occasional” 15-pound lifts, it’s not suitable. Is the schedule feasible with your treatment? Three physical therapy sessions a week at midday won’t mesh with a rigid 8-to-5 shift unless the employer shows flexibility. Is the work real? I’ve seen “made up” jobs that vanish after a week, after which the insurer claims you voluntarily quit. Real jobs exist beyond a single day and have actual supervision. Were you given adequate notice and a fair start date? Being told to report tomorrow at 6 a.m. when you don’t have childcare is a predictable trap. Reasonable timing matters.
Bring each offer to your ATP for review, not just your own opinion. Insist on an updated note that either approves the duties or explains why they’re not suitable. That paper carries weight at the State Board of Workers’ Compensation.
When reduced hours muddy the water
Georgia’s formula assumes a weekly wage comparison. That means fluctuating hours can distort TPD. A forklift driver who goes from 50-hour weeks to 30 hours on light duty will likely see TPD because overtime counted in the AWW calculation. Conversely, if the employer cuts hours below your restrictions for business reasons, the insurer may argue that the lost wages are not injury-related. You can rebut that with schedules, emails about hours, and testimony. In a busy fulfillment center case I handled, the employer blamed “seasonality,” but the hours cut started the week the worker returned with a 20-pound lifting limit. The judge noticed the timing.
The misclassification problem: TTD versus TPD errors
Insurers sometimes pay TPD when TTD is owed. How it happens:
- The ATP has not released you to any work, but the adjuster unilaterally treats your case as if you could work and calculates TPD based on imaginary earnings of zero. The employer offers light duty in name only. You accept, but the tasks push past your restrictions, you crash physically, and you’re forced off the job again. The insurer leaves you at TPD rather than restoring TTD. You’re partially back at work for a week or two, then the job ends. The insurer sticks with TPD even though you’re now completely out because the employer has nothing suitable.
In each of these, a clear, current doctor’s note paired with a documented job description usually resets payment to TTD. If polite letters fail, a hearing request is the next step. An experienced workers comp claim lawyer will also evaluate whether late-payment penalties and attorney fees are in play.
Medical control, panel traps, and second opinions
Treating physicians drive restrictions, and restrictions drive benefits. Georgia gives the employer initial control through the posted panel. Panels must meet specific rules: at least six physicians or groups, including an orthopedic surgeon, with no more than two industrial clinics. If the panel is defective, you may be able to select any doctor and shift control of your care. I’ve reviewed hundreds of lunchroom posters. Many are noncompliant, too old, or missing providers who left the area years ago.
If you disagree with restrictions or an MMI call, a change of physician request, an independent medical evaluation (IME) at your expense, or a Board-ordered second opinion can move the needle. The right specialist with a detailed functional capacity evaluation can be the difference between TTD and TPD, especially in spinal and shoulder cases where symptom flares are episodic.
Surveillance and social media: don’t hand them an excuse
When you’re on TTD, the insurer looks for any reason to argue you can work. Surveillance crews sit outside homes, follow people to grocery stores, and edit clips to make a five-minute lifted bag look like warehouse-level effort. Social media posts about weekend events fuel disputes. None of this changes the law, but it influences adjuster decisions and hearing strategy. Follow your doctor’s restrictions in daily life, not just at work. If you have a good day and carry a case of water, expect that image to surface when your lawyer seeks TTD.
Settlements, structure, and timing around TTD and TPD
Serious settlement talks usually begin after MMI or when the medical trajectory is clear. The weekly benefit status affects valuation. A case paying TTD at the cap with ongoing surgery risk is worth more than a case paying low TPD with stable restrictions. Expect the insurer to push for a closure of both wage and medical benefits. In some situations, keeping medical open for a time makes sense, especially with hardware in place or expected replacement surgeries. In others, a lump sum that funds private insurance and rehab is more rational. A workers compensation benefits lawyer will model scenarios: cost of future care, likelihood of job displacement, vocational retraining options, and how long you might realistically remain on TPD.
Real-world examples that echo common patterns
Warehouse associate, ankle fracture: The ATP kept him non-weightbearing for six weeks. No desk work existed, so TTD started at two-thirds AWW. After surgery, the employer offered stool-based scanning within a strict sit-stand schedule. The ATP approved with a four-hour cap. He accepted, earned half his prior wage, and shifted to TPD. After a flare and documented swelling, the ATP returned him to out-of-work status for three weeks. His benefits moved back to TTD, then https://louiscrvy095.lowescouponn.com/seeking-legal-help-when-should-you-contact-an-atlanta-workers-compensation-lawyer again to TPD during graduated hours. The toggling matched the medical notes, and checks kept pace.
Home health aide, shoulder tear: Light duty would have required “assisting with transfers up to 25 pounds,” which exceeded her 5-pound lifting cap. She declined with a written explanation and a doctor’s letter. The insurer tried to convert her to TPD; we pushed back and secured TTD. Post-surgery, she reached MMI with permanent overhead restrictions. TPD continued while she moved into a scheduling desk job at reduced pay. We pursued a higher average weekly wage by including her mileage stipend and shift differential, increasing both TTD earlier and TPD later, then settled with a medical set-aside for potential revision surgery.
Construction laborer, back strain: He returned to “cleanup” duties. Within days, supervisors asked him to carry bundles of shingles. He refused, citing the 15-pound limit, and was sent home. The insurer cut his checks, claiming “refusal of work.” We documented the violation with text messages and a foreman’s note. At hearing, the judge found the job unsuitable. TTD reinstated with penalties for wrongful suspension.
When to bring in a lawyer
Workers comp is supposed to be a no-fault, streamlined system. In reality, it’s a negotiation backed by medical paperwork and deadlines. A georgia workers compensation lawyer helps in three ways that matter directly to TTD and TPD:
- Uncovering the highest legitimate AWW by adding overtime, bonuses, per diems, and a second job. Many people leave thousands on the table because the initial AWW is wrong. Policing light duty offers so you don’t forfeit TTD without cause. The right letter from an atlanta workers compensation lawyer, paired with the doctor’s exact wording, can stop a bad offer from turning into a benefit suspension. Shaping the medical record. Small differences in restrictions change which benefit you receive. Getting the ATP to specify no overhead lifting rather than “as tolerated” avoids ambiguity that insurers exploit.
If your checks are late, your TTD was cut after you declined “light duty,” your AWW seems low, or you’ve reached MMI and the insurer wants to end temporary benefits, it’s time to speak with a workers comp dispute attorney. People often wait until something goes wrong. Getting counsel early keeps the case cleaner and the checks steadier.
A short, practical comparison
- When you’re completely out of work because of the injury, you’re looking at TTD if the medical record backs it up. It pays two-thirds of AWW up to the cap and can last up to 400 weeks in non-catastrophic cases. When you’re back at work but earning less because of restrictions, TPD fills part of the gap. It pays two-thirds of the difference, up to its cap, for up to 350 weeks. You can move between them as your condition changes. The doctor’s restrictions and the employer’s real ability to accommodate decide which applies. Both depend on clean paperwork, prompt notice, and accurate wage calculations. MMI doesn’t end temporary benefits automatically, but it changes strategy, introduces PPD, and often prompts settlement discussions.
Filing and preserving your claim
If you’re reading this early in your case, take the housekeeping steps that protect both TTD and TPD options later.
- Report the injury immediately to a supervisor, ideally in writing, and keep a copy or photo. Delays create doubt. Ask for the posted panel of physicians and choose a provider. If the panel looks defective, talk to a workers compensation attorney about options. Keep every medical note, work status slip, and light duty description. Scan or photograph them the day you receive them. Track hours, wages, and any missed shifts due to treatment. When TPD starts, weekly earnings records prove the correct differential. Stay off social media about the injury, your activities, and any side work.
Those steps, dull as they seem, are the foundation a workplace injury lawyer uses to keep your checks coming and your medical care uninterrupted.
Special situations that change the playbook
Multiple jobs: If you held a second job at the time of injury and your employer knew or it’s documented, Georgia may include those wages in your AWW. That raises both TTD and TPD. Too many adjusters ignore this. Bring W-2s or pay stubs to your work-related injury attorney.
Seasonal work: For workers with variable weeks, such as landscapers or UPS seasonal helpers, the 13-week AWW can understate earnings if low weeks dominate. Averages must reflect your actual earning pattern. An experienced job injury lawyer can push for a fairer calculation.
Refusal of suitable work: If a judge finds you refused suitable light duty, benefits can be suspended until you attempt it. If you try the job in good faith and can’t perform due to pain within restrictions, the law allows a return to benefits. Document your effort and symptoms.
Termination for cause: If you’re fired for a reason unrelated to the injury after returning to light duty, TPD can stop. Whether benefits resume depends on complex fault and suitability analyses. Get a workers comp attorney near me involved immediately to preserve evidence.
Catastrophic designation: If you can’t return to prior work and have severe limitations, catastrophic status extends medical and income benefits beyond standard caps and opens vocational rehab services. A workplace accident lawyer evaluates this early in spinal cord, brain injury, amputation, and severe burn cases.
How we approach TTD vs. TPD as advocates
The first week, we verify the AWW using payroll records, not just the adjuster’s worksheet. If the AWW is low by even $100, that’s roughly $66 per week you never get back. Next, we align your doctor’s restrictions with actual job duties, in writing, before you accept or decline light duty. When disputes arise, we move quickly with a motion or hearing request rather than letting a bad classification linger for months. If your case is trending toward MMI, we schedule IMEs or functional capacity evaluations to make sure restrictions reflect what you can do on a regular, sustained basis, not just on a good day in an exam room.
The human side of temporary benefits
The law speaks in caps, weeks, and percentages. You feel it as rent due, kids’ activities, and the unasked question at the pharmacy counter: do I fill this prescription now or after the benefit check arrives? TTD buys time to heal when no job fits. TPD softens the landing as you test what you can still do. Used well, they’re not just checks but breathing room to make smart decisions about retraining, surgery, or a negotiated exit. Used poorly, they become a maze that pushes you back to heavy work too soon.
If you’re unsure which benefit should apply this week, that uncertainty is your signal to get help. A georgia workers compensation lawyer or an atlanta workers compensation lawyer who spends every day in this system can read your chart, call the adjuster, and straighten out classification before it snowballs. That’s the practical value of a work injury attorney who knows the Board, the judges, and the habits of local employers.
You don’t have to memorize the statutes. Remember the essentials. Your doctor’s written restrictions control. Your average weekly wage sets the math. Suitable light duty must be real. And when something doesn’t line up, ask a workers comp attorney to step in before a small misstep costs months of benefits.