How to File for Workers’ Compensation in Georgia

After suffering an injury on the job or developing an occupational illness, you have the right to file a workers’ compensation claim seeking the medical treatment and partial wage-replacement benefits the law entitles you to receive. However, it is important to avoid errors that could lead to the delay or denial of your workers’ comp benefits.

An experienced Georgia workers’ compensation lawyer at R. Alan Cleveland, LLC, can help you prepare and file your claim and protect your rights throughout the process.

Contact us now to set up a free consultation.

Who Does Workers’ Compensation Cover in Georgia?

Under Georgia law, most employees are eligible for workers’ compensation benefits if they get hurt in a workplace accident or develop an occupational illness.

Any business in Georgia with three or more workers, including part-time employees, must carry workers’ compensation insurance. Coverage typically begins on your first day of work. However, independent contractors, railroad workers, domestic servants, and federal employees are generally excluded from the Georgia workers’ compensation system because they fall under separate laws or programs.

Even if you are paid in cash or labeled as an independent contractor, you may still qualify as an employee under Georgia law. Our workers’ compensation attorney can review your employment situation and your injury or illness to determine whether the law entitles you to benefits.

What Types of Injuries Does Georgia Workers’ Comp Cover?

The workers’ comp program covers injuries and illnesses that occur in the course of an employee’s work. Whether the injury directly results from a single accident (like a car crash or a fall) or develops over time due to repetitive motions or exposure to harmful substances, an injured worker may be eligible for benefits if it arose out of and in the course of their employment.

Some examples of common types of workplace injuries Georgia workers suffer include:

• Back and neck injuries
• Broken bones or fractures
• Repetitive stress injuries, such as carpal tunnel syndrome
• Burns or electrical injuries
• Head or brain injuries
• Occupational illnessesfrom chemical exposure
• Joint, muscle, or ligament damage

What Are the Steps in Filing for Workers’ Compensation in Georgia?

To file for workers’ comp in Georgia, you must complete several important steps in a timely and accurate manner. Doing so can help prevent unnecessary delays or denials of your claim. Here is a basic outline of what to do after a workplace injury:

• Report the injury to your employer within 30 days of the accident or within 30 days of your first becoming aware of the work-related condition.
• If your employer requests a written report, provide one that includes the date, time, location, and a description of how the injury occurred.
• Your employer must notify their workers’ compensation insurance carrier within 24 hours of learning about your injury.
• Your employer or their insurer must then file Form WC-14 with the State Board of Workers’ Compensation to officially document your claim.
• Seek medical care from one of the doctors listed on your employer’s approved panel of physicians. Visiting an unauthorized provider could affect your benefits.
• Keep detailed records of all medical appointments, treatments, and related expenses.
• Consult our experienced Georgia workers’ compensation attorney who can protect your rights and handle any disputes that arise.

Am I Required to Take a Medical Exam If My Employer Requests It?

Yes, if your employer or their insurance carrier requests that you attend a medical examination, you must do so. The exam allows the insurer to evaluate your condition, confirm your diagnosis, and determine whether you can work. If you do not attend, the insurer could refuse your workers’ comp claim or terminate your wage-loss benefits.

However, you are entitled to have your own doctor review or challenge the findings of the employer’s chosen physician. If you disagree with the results of the employer-ordered exam or feel it was unfair, our workers’ compensation attorney can help you address those concerns and protect your claim.

What Types of Workers’ Comp Benefits Are Available?

Workers’ compensation benefits support injured employees as they recover and prepare to return to work. The various workers’ comp benefits address different needs. Which ones you qualify for will depend on the nature and severity of your injury.

• Medical benefits cover all authorized medical treatment, including doctor visits, prescriptions, surgery, physical therapy, and necessary travel expenses.
• Income benefits provide partial wage replacement while you are unable to work, with the duration of benefits dependent upon the length of your recovery and the limits prescribed by state law.
• Rehabilitation benefits and vocational training provide assistance to help you recover and regain employment.
• Death benefits provide partial wage-replacement payments to surviving dependents if a workplace injury results in death.

What Should You Do If Your Claim Gets Denied?

If your employer or their insurance company denies or undervalues your Georgia workers’ compensation claim, you have the right to appeal the decision.

First, review the denial notice to learn why they rejected your claim. Some common reasons for denial include missed deadlines, incomplete forms, or disputes over whether the injury was work-related. You can request a hearing before the Georgia State Board of Workers’ Compensation, at which you will present medical evidence and witness testimony to support your claim.

Going through this process with an experienced Georgia workers’ compensation lawyer can be much more straightforward and manageable, and improves your likelihood of reversing the denial and securing the benefits you deserve.

Is There a Deadline to File for Workers’ Compensation in Georgia?

You generally have one year from the date of your injury to file a workers’ compensation claim with the State Board of Workers’ Compensation. You must also notify your employer within 30 days of the injury. However, the one-year deadline may be extended depending on whether the employer has paid for medical treatment related to your work injury,  or paid you income benefits. If you are unsure if you have made the deadline, you should consult with an experienced Georgia worker’s compensation lawyer at R. Alan Cleveland, LLC.

Missing these deadlines risks losing your right to benefits. Quick action also helps preserve evidence, ensures you receive timely medical care, and strengthens your overall claim.

Contact a Georgia Workers’ Compensation Lawyer Near You

If you suffered an injury at work, an experienced Georgia workers’ compensation lawyer at R. Alan Cleveland, LLC, can help you file a claim and seek the benefits you are owed. Our Athens personal injury law firm has recovered more than $150 million for our satisfied clients and helped countless injured Georgia workers get the benefits they need to move forward.

Contact us today for a free consultation with an experienced workers’ compensation attorney to discuss your case and begin the process of pursuing your workers’ compensation claim.