Roswell Workers Comp: 2026 Underpayment Risks

Workers’ compensation claims in Roswell, Georgia, can be complex, and nothing is more frustrating than discovering your benefits are underpaid benefits. A recent amendment to Georgia law, effective January 1, 2026, has significant implications for how these disputes are resolved, particularly concerning the calculation of average weekly wages. Are you truly receiving all the compensation you’re entitled to?

Understanding the Recent Legal Shift: O.C.G.A. Section 34-9-260 Amendment

The Georgia General Assembly made a pivotal change to the state’s workers’ compensation statutes, specifically amending O.C.G.A. Section 34-9-260. This amendment, which took effect on January 1, 2026, directly impacts how the average weekly wage (AWW) is calculated for injured workers receiving temporary total disability benefits. Previously, the statute offered a degree of ambiguity when an injured worker had irregular employment or multiple part-time jobs. This often led to insurance carriers taking the most conservative, and frankly, cheapest interpretation, shortchanging injured workers on their weekly benefits. The amendment clarifies that all verifiable income, including concurrent employment and certain types of secondary income, must be factored into the AWW calculation. This is a monumental shift for many of my clients who previously struggled to prove their true earning capacity.

Before this change, I saw countless cases where an individual working two part-time jobs, perhaps one at the Roswell Recreation and Parks department and another at a local restaurant on Canton Street, would only have their AWW calculated based on the job where the injury occurred. That was fundamentally unfair. The new language explicitly demands a more holistic view of the claimant’s earnings, ensuring that the compensation more accurately reflects their pre-injury financial standing. This isn’t just a minor tweak; it’s a rebalancing act in favor of the injured worker.

Who Is Affected by the New AWW Calculation Rules?

This amendment primarily affects workers who sustained injuries on or after January 1, 2026. However, it also provides a strong foundation for workers whose claims were initiated before this date but whose benefits continue into 2026, especially if their initial AWW calculation was based on an incomplete picture of their earnings. If you were working multiple jobs, had seasonal employment, or relied on commission-based income that wasn’t fully accounted for, you need to pay close attention. The insurance company’s initial calculation of your AWW might now be considered legally deficient under the updated statute.

I had a client last year, a construction worker injured near the Holcomb Bridge Road and Alpharetta Highway intersection, who was paid primarily by project. The insurance adjuster initially based his AWW solely on his last few pay stubs from a single project, ignoring his consistent work on smaller, concurrent side jobs that significantly boosted his overall income. Under the old statute, fighting that was an uphill battle. Now, with the clarity of the amended O.C.G.A. Section 34-9-260, the argument for including all those income streams is much stronger. This means potentially thousands of dollars more in weekly benefits for someone who truly needs it.

Identifying Underpaid Benefits: What to Look For

Recognizing that your workers’ compensation benefits are underpaid benefits often boils down to scrutinizing the initial calculation of your average weekly wage. The most common red flags include:

• Exclusion of Concurrent Employment: If you held multiple jobs at the time of your injury and only income from the injury-causing employer was used.
• Ignoring Overtime or Bonuses: If your regular overtime hours, commissions, tips, or bonuses were not fully incorporated into your AWW.
• Seasonal or Irregular Work Miscalculation: For workers with fluctuating income, such as landscapers or event staff, if the calculation didn’t accurately average your earnings over a sufficient period (e.g., 52 weeks) or if it disproportionately weighted low-earning periods.
• Failure to Include Fringe Benefits: While less common, certain fringe benefits can sometimes be included in AWW calculations.

The insurance carrier’s goal, let’s be honest, is to minimize payouts. They aren’t going to go out of their way to find every single penny you earned. That’s where you, and potentially your legal counsel, come in. You must be proactive in gathering all evidence of your earnings. This means pay stubs, tax returns (W-2s and 1099s), bank statements showing direct deposits, and even sworn affidavits from secondary employers. Don’t assume the insurance company will do their due diligence; they rarely do.

Concrete Steps to Take When Your WC Benefits are Underpaid

If you suspect your workers’ compensation benefits are underpaid, acting swiftly is essential. Here’s a step-by-step guide:

1. Gather All Earnings Documentation

This is your foundation. Collect every piece of documentation that proves your income for the 52 weeks prior to your injury. This includes:

• Pay stubs from all employers.
• W-2 forms and 1099 forms.
• Bank statements showing direct deposits from employment.
• Tax returns for the past two years.
• Any written agreements for commissions, bonuses, or per-diem payments.

The more comprehensive your documentation, the stronger your case will be. I always advise clients to create a detailed spreadsheet itemizing all income sources and amounts for the year leading up to their injury. It makes the review process much more efficient.

2. Review Your Benefit Notice

The insurance carrier should have sent you a Form WC-6, “Notice of Payment/Suspension of Benefits,” or a similar document outlining your average weekly wage and the weekly benefit amount. Carefully compare the AWW stated on this form with your own calculation based on your gathered documentation. If there’s a discrepancy, that’s your first piece of evidence in a potential WC dispute.

3. Attempt Informal Resolution

Sometimes, a simple mistake occurs. You or your attorney can contact the insurance adjuster directly to explain the discrepancy and provide your supporting documentation. Be polite but firm. Request that they re-calculate your AWW and adjust your benefits accordingly. Keep a detailed log of all communications, including dates, times, names, and summaries of conversations.

4. File a Form WC-14 Request for Hearing

If informal resolution fails, or if the adjuster is unresponsive, your next step is to file a Form WC-14, Request for Hearing, with the Georgia State Board of Workers’ Compensation (SBWC). This form officially requests a hearing before an Administrative Law Judge (ALJ) to resolve the dispute. On the form, you will need to clearly state that your benefits are underpaid and specify the correct average weekly wage you believe you are entitled to, citing O.C.G.A. Section 34-9-260 as amended. This is not a task for the faint of heart; proper completion is critical to avoid delays or dismissal.

5. Prepare for Your Hearing

Once a WC-14 is filed, the SBWC will schedule a hearing. You will need to present your evidence, potentially testify, and respond to questions from the ALJ and the opposing counsel. This is where having an experienced attorney becomes invaluable. We can help you organize your evidence, prepare your testimony, and present your case effectively. I’ve seen countless claimants try to navigate this process alone, only to be overwhelmed by the legal technicalities and the aggressive tactics of insurance defense attorneys. It’s a courtroom, albeit an administrative one, and you need to treat it with that level of seriousness.

The Role of Legal Counsel in a WC Dispute

Navigating a WC dispute regarding underpaid benefits can be incredibly challenging, especially when you’re also dealing with an injury. The workers’ compensation system, while designed to help, is inherently complex and often favors employers and their insurance carriers. An experienced workers’ compensation attorney can:

• Accurately Calculate Your AWW: We know exactly what income sources and calculation methods are permissible under O.C.G.A. Section 34-9-260.
• Gather and Organize Evidence: We assist in obtaining all necessary documentation to support your claim.
• Negotiate with Insurance Carriers: We can often resolve disputes without a formal hearing through skilled negotiation, saving you time and stress.
• Represent You at Hearings: If a hearing is necessary, we will prepare your case, present evidence, cross-examine witnesses, and argue on your behalf before an Administrative Law Judge.
• Protect Your Rights: We ensure that the insurance company adheres to all legal requirements and doesn’t take advantage of your situation.

We ran into this exact issue at my previous firm with a client who worked as a freelance graphic designer in addition to their primary employment. The insurance company initially scoffed at including the freelance income, claiming it wasn’t “regular.” However, we meticulously documented every invoice and payment, demonstrating a clear pattern of consistent earnings. We were able to leverage the spirit of the upcoming amendment (even before it was officially enacted) to argue successfully for a higher AWW, resulting in a significantly increased weekly benefit amount for our client. That’s the difference an attorney can make; we know how to fight for what’s fair.

Case Study: Maria’s Underpaid Benefits in Roswell

Consider the case of Maria, a Roswell resident who worked two part-time jobs: one as a cashier at a grocery store on Marietta Street and another as a cleaner for a commercial cleaning service in the North Fulton Business Center. In June 2026, she suffered a slip and fall injury at the grocery store, severely fracturing her ankle. The grocery store’s workers’ comp carrier initially calculated her average weekly wage (AWW) based solely on her earnings from the grocery store, which amounted to $350 per week. This resulted in a temporary total disability benefit of $233.33 per week (two-thirds of her grocery store AWW).

Maria knew this was incorrect. She consistently earned an additional $200 per week from her cleaning job, bringing her true pre-injury AWW to $550. Under the newly amended O.C.G.A. Section 34-9-260, her cleaning income should have been included. When she tried to explain this to the adjuster, she was met with resistance. The adjuster claimed the cleaning job was “too sporadic” despite Maria providing six months of consistent pay stubs and bank statements showing direct deposits.

Maria hired our firm. We immediately filed a Form WC-14 Request for Hearing with the SBWC, specifically citing the amended O.C.G.A. Section 34-9-260 and detailing her full earnings. We compiled all her pay stubs, bank statements, and even obtained an affidavit from her cleaning employer confirming her regular hours. At the hearing, the Administrative Law Judge reviewed our evidence. The insurance company’s attorney tried to argue the cleaning income was “unreliable,” but our detailed documentation, coupled with the clear language of the updated statute, was irrefutable. The ALJ ruled in Maria’s favor, ordering the insurance carrier to recalculate her AWW to $550, increasing her weekly benefits to $366.67. Furthermore, the judge ordered the carrier to pay the retroactive difference for all previously paid weeks, resulting in a lump sum payment of over $3,000 for Maria, in addition to her increased ongoing benefits. This wasn’t just about the weekly amount; it was about acknowledging her full contribution and ensuring she received fair compensation for her lost earning capacity.

The Importance of Timely Action in a WC Dispute

One critical aspect of any WC dispute is the concept of timeliness. Georgia law imposes strict deadlines for filing claims and appealing decisions. While there isn’t a specific statute of limitations for disputing an underpaid benefit amount that’s already being paid, undue delay can weaken your case. The longer you wait, the harder it can be to gather evidence, and the more skeptical an Administrative Law Judge might become about the legitimacy of your claim. As a general rule, if you suspect an issue, address it within 30 to 60 days of receiving your first benefit check. Don’t sit on your rights; they won’t automatically protect themselves. This proactive approach is always better than trying to play catch-up months down the line.

Conclusion

The 2026 amendment to O.C.G.A. Section 34-9-260 marks a significant improvement for injured workers in Roswell and across Georgia, demanding a fairer calculation of average weekly wages. If you believe your Roswell lost wages benefits are underpaid, gather your documentation, understand your rights, and be prepared to assert them. Don’t let an insurance carrier shortchange your recovery; fight for the full compensation you deserve.