How Georgia’s Workers’ Compensation Laws Hurt Workers

This video features Sarah E. Stottlemyer, an Employment and Labor Law attorney based in Georgia.

Atlanta Lawyer Fights for Wage Indexing and Better Workers’ Comp Policies

Video Transcript:

Sarah Stottlemyer: 

If they hear from their constituents that this is an important problem or an important issue that Georgia's injured workers can actually be tremendously helped by, I think that that could make some sway with them.

Molly Hendrickson: 

Is workers' comp in Georgia fundamentally different from other states? We're gonna talk to attorney Sarah Stottlemyer about that on today's Ask The Lawyers. Sarah, thanks for joining us.

Sarah Stottlemyer: 

Thank you for having me.

Molly Hendrickson: 

So first up, tell us about your law firm and practice areas, including your work with people who have been hurt on the job in Georgia.

Sarah Stottlemyer: 

So my law firm is Stottlemyer & Associates. I actually started it about 11 years ago or so. We do about 50% personal injury work, which would be slip and falls and regular car accidents. And then we do about 50% workers' compensation.

Molly Hendrickson: 

Can you tell me a little bit about how workers' comp payments are calculated in Georgia and what are PPD benefits and how are they calculated?

Sarah Stottlemyer: 

Workers' comp benefits are based on your 13 weeks, which actually constitutes your average weekly wage. So it's the 13 weeks of your earnings prior to your work-related accident. In Georgia, we have a maximum compensation rate of $725 per week. So for a lot of the higher wage earners it's very upsetting to have their income benefits cut that much when they suffer a work-related injury. PPD is actually called permanent partial disability benefits, and that's when you reach what's called maximum medical improvement. Your authorized treating physician will assign a permanent impairment rating based on how much your body has actually physically changed as a result of the work-related injury. So, I also do a lot of mediations for injured parties and attorneys. And the way that I explain it to those injured workers is if I were to break my wrist and put on a cast, and then six weeks later, I take it off, my body really hasn't changed. The bones have kind of gone back together. However, if I break my wrist and it's a compound fracture where the bones have gone through the muscle and the tissue and the skin and they have to put in plates and screws, then your body's actually physically changed as a result of that work-related injury. So that's when you would be entitled to a permanent impairment rating, which would result in payments for permanent partial disability benefits.

Molly Hendrickson: 

So are wages indexed in Georgia for these calculations?

Sarah Stottlemyer: 

Unfortunately, we are one of only two states in the entire country that does not index the temporary total disability rate to the state's average weekly wage. What that means is, you should be getting two-thirds of the state's average weekly wage as set by the Department of Labor. The only other state that doesn't do it is Indiana, but their legislature comes in unilaterally at the beginning of every session and raises it automatically to the two-third state average weekly wage. Unfortunately in Georgia, percentage wise of the state's average weekly age, we have the lowest compensation rate in the entire country in comparison to what the state's average weekly wage should be. And then the resulting temporary total disability benefits.

Molly Hendrickson: 

So why do you think Georgia is like this?

Sarah Stottlemyer: 

Unfortunately, it's a political football, as I like to call it, every year. So I'm the president of the workers' comp claimant's attorneys bar for the entire state of Georgia. And so we work on a lot of legislative changes, trying to lobby our legislatures to go in and actually do the indexing, because every time we go to... We have, in Georgia, what's called the chairman's advisory committee. So the chairman of the state board of workers' compensation is appointed by the governor, and then he has what's called an advisory committee. So my law partner, Rebecca, is on the legislative committee, she's the only female and one of the very few plaintiff's attorneys on that section of the advisory committee. But he... When we're trying to make changes to Georgia workers' compensation, all of the stakeholders in the state come together, and then they kind of go back and forth about who's gonna give what and who's gonna concede on what issues. When it comes down to indexing, while it would take the political football out of that, they don't wanna do that because then the claimant's attorney is actually... Each time we go to try and get an automatic increase in the temporary total disability rate, they want something in return, some sort of concession. So it's a maneuvering type action that they do every year. It's exhausting a little bit.

Molly Hendrickson: 

I'm sure it all comes down to politics. What is the maximum weekly indemnity rate?

Sarah Stottlemyer: 

So the maximum TTD rate in Georgia is $725 per week. So even when you suffered a work-related injury, say you were working for, I don't know, maybe one of the film unions or something like that, and you were earning $2500 a week on cast and crew and working really long hours, if you suffer a work-related injury, the max you can get is $725 per week in Georgia. We're hoping to get another bump this year, which again, we're very hopeful for, but we've gotta go back and duke it out in the advisory committee.

Molly Hendrickson: 

And Sarah, why would somebody wanna have their wages indexed?

Sarah Stottlemyer: 

Basically, again, because it takes a political maneuvering out of the scenario, so injured workers then wouldn't have to give up something or concede on something if that was just automatically indexed. It only affects the state's highest earners whenever they suffer a work-related injury. So it's not going to... Some of the thoughts that have been floated across, we could cripple the whole system... Well, that's actually not true, because it doesn't affect anybody that is already in the system, it only affects those that suffer a work-related injury from that point in time forward, that's the max amount they can get. Those injured workers are also the least likely to be interested in staying in the system because they can't pay their bills earning whatever penance that the weekly rate is set at for temporary total disability based on what they were earning prior to their work-related accident. So I've had a lot of clients who have ended up fore closing on homes, or being arrested because they can't pay child support or not being able to pay their car payments, things like that. It's a really rough system, especially for the highest wage earners. So indexing the states temporary total disability rate to the average weekly wage of the set forth in Georgia would be a huge benefit to those injured workers that are the top wage earners in the State.

Molly Hendrickson: 

And you and your firm have actually been doing some work to try to change this indexing system. Can you tell me a little bit about that?

Sarah Stottlemyer: 

Yes, so as the president of the workers' comp claimants bar for the state of Georgia, I actually went down and testified in front of the house industry and Labor Committee. I would probably say about two months ago when we were discussing indexing, so I went down trying to lobby our law makers and provide instances of why this would be so beneficial for workers that suffer work-related injuries in Georgia that are those again, very few top wage earners. My law partner, as well as I stated, Rebecca is on the legislative committee of the chairman's advisory council. So she's instrumental in working with the other stakeholders to try and change the laws that can really help injured workers.

Molly Hendrickson: 

And what about for Georgians watching this who feel strongly about this issue, how can they help or get involved?

Sarah Stottlemyer: 

I would say honestly, and it may just sound very old school, but I think to lobby your actual State reps would be huge if you can... Now, you can shoot an email, you don't actually have to break out pen and paper and mail it off with a stamp and put it in the post office, but sending an email... If they hear from their constituents that this is an important problem or an important issue that Georgia's injured workers can actually be tremendously helped by, I think that that could make some sway with them.

Molly Hendrickson: 

Alright, Sarah, thank you for taking the time to talk to us. It's nice to see you.

Sarah Stottlemyer: 

Thank you. Great seeing you too. Happy New Year.

Molly Hendrickson: 

Happy New Year. And that's gonna do it for this episode of Ask The Lawyer. My guest has been Sarah Stottlemyer. If you wanna ask Sarah about your situation, you can call the number on the screen. Thanks for watching. I'm Molly Hendrickson for Ask The Lawyers.

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