How Long Do You Have to Report a Workplace Injury in Georgia?

No matter how careful we are, workplace accidents sometimes happen. Fortunately, workers’ compensation insurance exists to help employees pay for the cost of treating their injuries, cover lost wages during recovery, and more.

To receive these benefits, however, they must promptly notify their employer of the accident. Georgia law gives you 30 days after a job-related injury to notify your employer. Injured workers should make their report in writing as soon as possible after a workplace accident. Missing the deadline will eliminate your coverage.  

The legal team at R. Alan Cleveland, LLC, has decades of experience helping accident victims secure compensation for their injuries, including those sustained in workplace accidents. Our workers’ compensation attorneys are standing by to help you navigate the maze of red tape governing workers’ compensation in Georgia. Read on to learn more, and do not hesitate to contact us today for a free, confidential consultation with an experienced workers’ compensation attorney.

What Is Workers’ Compensation?

Workers’ compensation is state-mandated insurance paid for by employers to help employees financially recover after suffering a workplace injury or illness. Injured employees can be compensated for their medical expenses, lost wages, and more.

Importantly, workers’ compensation is a no-fault kind of insurance. This means qualifying workers will be covered regardless of whether they or their employer were responsible for the accident.

That said, subject to very limited exceptions, injured workers covered by workers’ compensation are prohibited from suing their employers to recover additional compensation. This arrangement represents a kind of compromise. That is, in exchange for paying for workers’ compensation insurance, employers are shielded from legal liability for workplace accidents.

Are All Employees Covered by Workers’ Compensation in Georgia?

Under the governing workers’ compensation statute, all businesses with three or more employees must purchase workers’ compensation insurance. The rule applies to both full-time and part-time workers, meaning that most employees in Georgia should be covered. However, significant exceptions exist for:

• Railroad workers
• Domestic servants
• Agricultural workers
• Certain corporate executives
• State and federal government employees

Additionally, because there exists an important legal distinction between employees and independent contractors, the latter are not eligible for state-mandated workers’ compensation insurance. Some employers try to save money by misclassifying employees as contractors. However, your work duties determine which category you fall into, not how your employer prefers to classify you.

You should consult with an attorney immediately if you believe that you are being denied benefits because you have been misclassified as a contractor. To learn more, see Georgia’s Bill of Rights for the Injured Worker.

What Benefits Can I Receive Through Workers’ Compensation in Georgia?

Employees eligible for workers’ compensation may receive a wide variety of benefits to help them while they recover from their injuries or illness. Calculating precisely what you are owed can be complex. Our attorneys can help. This section covers the high points.

• Medical benefits – Eligible employees should be covered for all reasonable, medically necessary treatment related to their injuries or illness. This should include things like medical bills, physical therapy, prescriptions, and associated travel expenses. These benefits last until you are fully recovered. Alternatively, they may last until you reach a point where further treatment will no longer meaningfully improve your condition.
• Wage-replacement benefits – If you miss more than seven days of work after an accident, you may receive wage-replacement benefits to make up for your lost income. These benefits are capped at two-thirds of your average weekly wages and cannot exceed $725 per week. If you must take a lower-paying job due to your injuries, benefits may also cover the difference in your lowered earnings.
• Disability and Death Benefits – If the accident causes a long-term or permanent disability, you could be entitled to additional compensation. The amount you receive in disability benefits depends on your injuries, the extent of your disability, and whether it is temporary or permanent. If workplace injuries lead to death, surviving family members may also be entitled to compensation.

Do I Have to Report My Workplace Accident to My Employer?

Yes. You have 30 days to report your workplace accident to your employer. Missing the deadline will result in your claim being denied. To avoid complications, the State Board of Workers’ Compensation (SBWC) recommends that you report your injury to your supervisor or human resources department immediately. If you cannot because of your injuries, have a trusted friend or work colleague make the report for you.

Though making your report in writing is not legally required, it is very prudent to do so. You should also keep a copy for your records. An email or handwritten letter should suffice. In case there is a dispute down the line, the paper trail will become important evidence.

What Is the Deadline for Filing a Workers’ Compensation Claim?

In addition to the 30-day deadline for notifying your employer of your workplace injury, you must also comply with the filing deadline for your workers’ compensation claim. You have one year from the date of your accident to file a claim with the SBWC. You may do so by submitting a Form WC-14. Missing the deadline will result in your claim being denied.

What Should I Do After a Workplace Accident?

The most important thing to do after a workplace accident is seek medical treatment immediately. Except in true emergencies, you must seek treatment from a preapproved medical provider. Failure to seek treatment early on may create grounds to question the legitimacy of your claim. A list of preapproved providers should be posted in your workplace.

After reporting your injury and seeking medical treatment, the next priority is gathering evidence to substantiate your claim. Take pictures of your injuries and the scene of the accident, including nearby surveillance equipment. Ideally, you will do this before leaving the scene in case it is tampered with after you go.

Be sure you also identify witnesses and gather their contact information. Finally, document your detailed recollection of the accident and your day-to-day discomfort caused by your injuries in a journal while your memory is fresh.

Consult With a Workers’ Compensation Attorney Today

A workplace injury can seriously disrupt your life. Between recovering from your injuries, paying for medical treatment, and dealing with lost wages, you may feel like you have been backed against a wall. However, you do not need to handle these problems alone.

The legal team at R. Alan Cleveland, LLC, is here to help you gather evidence, file a workers’ compensation claim, and work through an appeal in the event your claim is denied. Contact us today for a free, confidential consultation with an experienced attorney near you.