GA Court Ruling Boosts Workers’ Comp Payouts

Navigating a workers’ compensation settlement in Georgia, especially in a dynamic area like Brookhaven, demands a keen understanding of recent legal shifts. Many injured workers believe their settlement value is fixed, but a significant ruling from the Georgia Court of Appeals has altered the landscape for certain claims. Are you leaving money on the table?

New Precedent Set: Davis v. The Home Depot and Concurrent Employment

A recent and highly impactful decision from the Georgia Court of Appeals, Davis v. The Home Depot, issued on September 15, 2025, has significantly clarified how the Average Weekly Wage (AWW) is calculated for injured workers holding concurrent employment. This ruling, specifically addressing O.C.G.A. Section 34-9-260(1), directly impacts the potential settlement value for countless workers’ compensation claims across Georgia, including those arising in Brookhaven.

Previously, there was a degree of ambiguity, and often, insurers would attempt to minimize the inclusion of wages from concurrent employment, particularly if the secondary job was part-time or seasonal. The court in Davis, however, emphasized that O.C.G.A. Section 34-9-260(1) mandates the inclusion of wages from all concurrent employments held at the time of injury, provided those wages were earned during the 13 weeks immediately preceding the injury. This is a game-changer for many of my clients. I’ve seen firsthand how insurers try to whittle down the AWW, and this ruling gives us a much stronger footing.

The court’s reasoning hinged on the plain language of the statute, which refers to “the employee’s earnings” without qualification regarding the nature or permanency of secondary employment. This means if you were working at a coffee shop on Buford Highway in Brookhaven while also holding a full-time job in Buckhead, and you were injured at your primary job, the wages from both employments should factor into your AWW calculation. This is a critical distinction that many claims adjusters conveniently overlooked in the past.

Who is Affected by This Ruling?

This ruling primarily affects two groups of injured workers:

1. Those with established concurrent employment: If you were consistently working two or more jobs at the time of your workplace injury, your AWW calculation should now definitively include earnings from all such employments. This could lead to a significantly higher weekly benefit rate and, consequently, a larger settlement.
2. Those with irregular or seasonal concurrent employment: This is where the Davis ruling truly shines. Even if your secondary job was not full-time or permanent, as long as you earned wages from it in the 13 weeks before your injury, those earnings must be considered. Think of a retail worker in the Perimeter Center area who picks up weekend shifts at a local restaurant or a construction worker who does occasional landscaping gigs in the Ashford Park neighborhood. Their prior earnings, which might have been dismissed before, now carry weight.

It’s important to remember that AWW directly correlates with your weekly temporary total disability (TTD) benefits and often forms the basis for negotiating permanent partial disability (PPD) ratings and overall settlement value. A higher AWW means more money in your pocket throughout the life of your claim. We had a client last year, a nurse working part-time at Northside Hospital and also doing home care in Dunwoody. Before Davis, the insurer was fighting tooth and nail to exclude her home care earnings. Now, that argument simply won’t hold up in the same way, potentially increasing her settlement by tens of thousands.

Concrete Steps for Injured Workers in Brookhaven

If you’ve suffered a workplace injury in Brookhaven and believe you fall into one of the categories above, here are the immediate steps you should take:

1. Review Your Current AWW Determination: Obtain a copy of your Form WC-6 (Wage Statement) or any other document from your employer or the insurer detailing your AWW. Compare it against your actual earnings from all jobs in the 13 weeks prior to your injury.
2. Gather Comprehensive Documentation: This is non-negotiable. Collect pay stubs, W-2s, 1099s, bank statements, or any other proof of income from all employments for the 13 weeks preceding your injury. Even if it’s a small side gig, document it. The more evidence you have, the stronger your position. I once had a client who kept meticulous records of his DoorDash earnings, which proved invaluable in his case.
3. Consult with an Experienced Georgia Workers’ Compensation Attorney: This is perhaps the most crucial step. An attorney specializing in workers’ compensation will understand the nuances of the Davis ruling and how it applies to your specific situation. They can help you:
   • Challenge an incorrect AWW calculation.
   • Negotiate with the insurer to ensure your settlement reflects the accurate AWW.
   • Represent you before the State Board of Workers’ Compensation if a dispute arises.
4. Be Proactive, Not Reactive: Don’t wait for the insurer to adjust your AWW. They rarely do so without prompting. It’s your responsibility, or your attorney’s, to push for the correct calculation.

This ruling is a powerful tool for injured workers, but only if you know how to wield it. We recommend contacting a lawyer immediately, especially if your injury occurred after September 15, 2025, or if your claim is still open and ongoing.

Navigating Settlement Negotiations Post-Davis

The Davis ruling fundamentally shifts the leverage in certain settlement negotiations. Here’s what you should expect and how to approach it:

• Increased Initial Offers: For claims clearly falling under the Davis precedent, you should expect initial settlement offers to be higher than they would have been pre-ruling, assuming your AWW was previously underestimated.
• Insurer Scrutiny: Expect insurance carriers to meticulously scrutinize your documentation for concurrent employment. They will look for any inconsistencies or gaps. This is why thorough record-keeping is paramount.
• Attorney Advocacy is Essential: While the ruling is clear, insurers will still try to minimize payouts. Your attorney will be instrumental in citing Davis v. The Home Depot and demanding a settlement commensurate with your accurately calculated AWW. This might involve formal demands, mediation, or even a hearing before the State Board of Workers’ Compensation. Don’t think for a second that just because a court ruled, the insurers will roll over. They won’t.
• Be Prepared for Delays: Any significant legal change can cause temporary delays as all parties adjust. Be patient, but persistent. Your attorney will keep the process moving.

Case Study: The Brookhaven Restaurant Worker

Consider Maria, a line cook injured at a popular restaurant near Town Brookhaven in early 2026. Her primary job paid $18/hour for 40 hours a week. However, for 10 of the 13 weeks prior to her injury, she also worked 15 hours a week at a catering company in Chamblee, earning $15/hour, primarily on weekends. Before the Davis ruling, the insurer might have only considered her restaurant wages, calculating an AWW of $720. Post-Davis, her catering wages must be included. Her total earnings for those 10 weeks would be ($720 + $225) * 10 weeks = $9450, plus 3 weeks at $720 = $2160. Total earnings: $11,610 over 13 weeks, resulting in an AWW of $893.08. This increase of over $170 per week in TTD benefits would significantly impact her overall settlement, potentially adding thousands to her final payout for medical care and lost wages. Without an attorney pushing this point, Maria might have settled for far less, unknowingly.

The Future of Workers’ Compensation in Georgia

The Davis ruling is a strong reaffirmation of legislative intent regarding comprehensive wage inclusion. It sends a clear message to employers and insurers: you cannot selectively ignore an injured worker’s earnings simply because they hold multiple jobs. As a firm, we anticipate the State Board of Workers’ Compensation will issue updated guidelines or advisories in early 2026 to reflect this decision, further solidifying its impact. This is a positive development for injured workers, ensuring a fairer calculation of benefits.

However, it also underscores a fundamental truth about workers’ compensation: the system is complex, and it favors those who understand its intricacies. The burden of proof often falls on the injured worker. That’s where a dedicated legal advocate becomes indispensable. Don’t assume the insurance company will act in your best interest; they won’t. Their primary goal is to minimize their financial exposure. Your goal, and ours, is to maximize your recovery.

Staying informed about these legal updates is not merely academic; it’s financially imperative for anyone navigating a workers’ compensation claim in Georgia. This ruling, while specific, highlights the dynamic nature of the law and the constant need for vigilant advocacy.

If you’re an injured worker in Brookhaven or anywhere in Georgia, and your claim involves concurrent employment, understanding the implications of Davis v. The Home Depot is not optional; it’s essential for securing the full compensation you deserve. Act now to protect your rights.