Legal Question in Workers Comp in Georgia

Can they take make me sign over my paycheck to them?

Is it legal for the company I work with to make me sign over my paycheck to them each week because I am getting workmans comp? I was under the understanding that workmans comp was complimentary to your pay. Also they took all of my holiday and vacation days. I don't know the legals of workmans comp laws so I need help......the other concern I have is with me signing over those checks to them does that mean that I will have to report that on income when it is not really income to me since I am giving it to them. Any information you can help me with is greatly appreciated.

Thanks


Asked on 4/13/04, 8:44 am

2 Answers from Attorneys
Lisa Schrage Law Offices of Lisa S. Schrage, P.C.

Re: Can they take make me sign over my paycheck to them?

Workers' compensation benefits are a salary replacement; therefore, you cannot draw both workers' compensation and your paycheck at the same time. If you are drawing workers' compensation instead of your regular salary, you will not have to report any income because workers' compensation benefits are not taxed. As far as your holiday and vacation pay, unless you have a contract that says otherwise, your employer/insurer simply has to pay you two-thirds of your average weekly wage (which is calculated from the average of your pay thirteen weeks prior to your injury). If you have further questions, I recommend that you contact an attorney who specializes in workers' compensation. Good luck to you.

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Answered on 4/13/04, 9:08 am
Scott Delius Delius Law Firm, P.C.

Re: Can they take make me sign over my paycheck to them?

You can't get your paycheck and workers' compensation benefits at the same time. If you have further questions, you are welcome to contact me directly. My number is 404.352.3400.

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Answered on 4/13/04, 10:12 am


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