Disability Law

Georgia National Guard Members Are Protected By Workers' Compensation When On Active Duty

By Jack E. Clay

With Hurricane Gustav quickly approaching Louisiana, the Louisiana National Guard has been mobilized. While watching interviews of these soldiers on television, I was reminded that these men and women have families and civilian jobs. What happens to them if they are injured while serving?

While I cannot speak for Louisiana National Guard members, Georgia law specifically addresses benefits available to those injured when called to serve. According to O.C.G.A. 34-9-1(2), "...For the purpose of workers' compensation coverage, members of the Georgia National Guard and the State Defense Force serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state."

The amount of weekly benefits and computation of such benefits is governed by O.C.G.A. 34-9-260(6):
(6) The average weekly wage of a member of the Georgia National Guard or State Defense Force serving on state active duty pursuant to an order by the Governor shall be the greater of:
(A) Seven-thirtieths of the monthly pay and allowances of the individual at the time of the injury, computed in accordance with Code Section 38-2-250, adjusted from time to time for appropriated increases in such monthly pay and allowances, excluding longevity increases; or
(B) If the injured member of the Georgia National Guard or the State Defense Force worked at the time of the injury in any employment other than serving as a member of the Georgia National Guard or the State Defense Force, the average weekly wage of the individual in such other employment as determined pursuant to paragraphs (1) through (5) of this Code section or, if such individual worked at the time of the injury for more than one employer, the average combined weekly wage of the individual in such multiple employment as determined pursuant to paragraphs (1) through (5) of this Code section.

If you or a friend in Atlanta or throughout Georgia has suffered a work injury, our law firm can help. Please contact us for a free consultation anytime.

Full post as published by Georgia Law Blog on August 31, 2008 (boomark / email).