Understanding Partial Disability in the Context of Atlanta Accidents
Dealing with an injury can be both physically painful and emotionally taxing. If you have experienced an accident in Atlanta and are now facing partial disability, it’s important to fully understand what this term means. This article aims to provide clear and helpful information on partial disability, its definitions, and important considerations specific to the Atlanta area.
What is Partial Disability?
Partial disability occurs when an individual is injured and, as a result, is able to perform some but not all of their work duties. Unlike total disability, which means you cannot work at all, partial disability suggests a level of functionality that may still allow you to engage in certain activities or forms of employment.
Key Criteria for Partial Disability
- Inability to Perform Certain Job Functions: You can no longer perform the duties that are critical to your job, but you might still be able to handle less demanding tasks.
- Temporary or Permanent: Partial disability can be either temporary or permanent, depending on the severity and nature of the injury.
- Medical Evaluation: A thorough medical evaluation is typically required to establish the extent of your disability.
Legal Definitions and Framework
In the state of Georgia, partial disability is defined under workers’ compensation laws and personal injury regulations. Georgia Code Section 34-9-262 offers the legal framework related to temporary partial disability benefits.
Types of Partial Disability
Temporary Partial Disability (TPD)
Temporary partial disability benefits are given to individuals who are expected to recover but are unable to perform their usual job duties for a limited period of time. The compensation received is usually a percentage of the difference between your pre-injury wages and your post-injury earning capacity.
Permanent Partial Disability (PPD)
In cases of permanent partial disability, an individual has a lasting impairment that affects their ability to work in their original capacity. Compensation can vary significantly and may involve a one-time lump sum or ongoing monthly payments.
Calculating Benefits for Partial Disability
Determining benefits for partial disability involves a few key factors:
- Pre-Injury Wages: This is your wage rate before the accident occurred.
- Current Earnings: How much you are able to earn post-injury.
- Disability Rating: A medical evaluation determines the extent of your disability, usually expressed as a percentage.
For temporary partial disability, Georgia law typically allows workers to collect up to two-thirds of the difference between pre-injury and post-injury earnings, capped at 350 weeks. More on this can be found in Georgia’s legal code.
Seeking Legal Help for Partial Disability Cases in Atlanta
Given the intricacies involved in qualifying for and receiving partial disability benefits, it’s often beneficial to seek legal assistance. Experienced personal injury lawyers can help navigate the complexities associated with your claim, ensuring that you secure the compensation you’re entitled to.
Frequently Asked Questions
| Question | Answer |
|---|---|
| What is the difference between partial and total disability? | Partial disability means you can still perform some work duties, whereas total disability indicates you are unable to work at all. |
| How is partial disability calculated in Atlanta? | Typically, it is calculated based on the difference between your pre-injury and post-injury earnings, as assessed by a medical evaluation. |
| Can I claim both workers’ compensation and personal injury benefits? | Yes, in many cases you can claim both, but it is important to consult with a knowledgeable attorney to manage these claims properly. |
Local Resources for Partial Disability in Atlanta
Being well-informed and supported is crucial when dealing with partial disability. The resources below can provide valuable assistance:
| Resource | Contact Information |
|---|---|
| Georgia State Board of Workers’ Compensation | sbwc.georgia.gov |
| Shepherd Center’s Vocational Rehabilitation Program | shepherd.org |
| Atlanta Legal Aid Society | atlantalegalaid.org |
Get Professional Legal Help from Jamie Ballard
When you or your loved one is grappling with the implications of partial disability following an accident, specialized legal guidance can make all the difference. Jamie Ballard, a top personal injury lawyer in Atlanta, is dedicated to providing the support you need to navigate the legal landscape. With hands-on experience and a compassionate approach, Jamie Ballard Law Firm aims to turn the tide in your favor.
If you’re dealing with a partial disability claim, don’t go through it alone. Contact Jamie Ballard’s office at 3715 Northside Pkwy NW Building 100 – Suite 500, Atlanta, GA 30327, or give us a call at 404-301-1687. For more information, visit our website at jamieballardlaw.com.
