How to Report a Work Injury to Your Employer in Georgia
If you are injured on the job in Georgia, you are likely entitled to workers’ compensation. However, Georgia law requires that you report your work injuries to your employer within 30 days after the accident. Waiting too long to report your injuries could compromise your eligibility for workers’ compensation benefits.
Workers’ compensation claims can be complex, especially when it comes to meeting deadlines. Fortunately, you do not need to navigate this intricate area of the law alone. The workers’ compensation lawyers at R. Alan Cleveland, LLC is here to help. Let us put our extensive experience upholding the rights of injury victims to work for you. Call us today for a free and confidential case consultation.
Read on to learn more about workers’ compensation claims in Georgia and what to do when reporting your injury to your employer.
Am I Legally Required to Submit My Notice in Writing?
Contents
- 1 Am I Legally Required to Submit My Notice in Writing?
- 2 Should I Submit My Notice in Writing Anyway?
- 3 What Information Should Be in My Accident Report?
- 4 Is There a Penalty for Failing to Report My Accident?
- 5 Will There Be an Investigation into My Accident?
- 6 Do I Need a Workers’ Compensation Lawyer for My Claim?
- 7 Contact a Georgia Workers’ Compensation Lawyer
Yes and no. Georgia law requires that you give your employer notice “immediately on the occurrence of any accident or as soon thereafter as practicable.” The law further explains that “until such notice is given, the employee shall not be entitled to any physician’s fees nor to any compensation.” In other words, the notice requirement is quite strict.
That said, notice need not be in writing if it is given within the first 30 days after the accident. On the other hand, after the first 30 days, “a written notice must be given.” Either way, failure to give either written or oral notice within the first 30 days will destroy your eligibility for workers’ compensation absent a good excuse. The law specifically lists the following as legitimate excuses for failure to give timely notice:
- Physical or mental incapacity
- Fraud or deceit
- Your employer already had knowledge of the accident
Other excuses for not giving notice may also apply if “reasonably proved” to the satisfaction of the State Board of Workers’ Compensation that your employer will not be prejudiced (i.e., suffer an unfair advantage). Ultimately, it is best to meet the notice requirement on the front end than to prove an excuse on the back end.
Should I Submit My Notice in Writing Anyway?
Absolutely. Strictly speaking, you are not obligated to notify your employer of injuries in writing unless 30 days have passed after the accident. Practically speaking, injured employees should submit this notice in writing no matter how much time has passed.
The reason is simple: a written submission is itself evidence that a submission occurred. This evidence can be extremely useful in the event of a dispute with your employer or their insurer.
If you have a positive relationship with your employer, you may think written notice is unnecessary because you trust them to “do the right thing.” However, no matter how much you trust your employer, it is important that you protect your own interest.
Remember, employers are often reluctant to pay workers’ compensation benefits because doing so can increase their insurance premiums. And even if your employer does not wish to dispute your claim, they might forget simply about your accident report if it is given verbally. At the end of the day, filing your injury report in writing gives you tools to combat any disputes and errors that may arise — not to mention peace of mind.
What Information Should Be in My Accident Report?
When giving notice of your injury, keep your report brief and use a professional tone throughout. Be sure to include the following information:
- The date you will submit the report
- The date, time, and location of the incident that caused your injury
- What you were doing at the time of the injury
- Any symptoms you experienced because of the injury
- The parts of your body affected by the injury
- The names of any coworkers who witnessed the accident
If you are undergoing medical treatment or otherwise recovering from your injury, you may not be able to file your report yourself. If you find yourself in this situation, ask a trusted friend, family member, or coworker to submit the report on your behalf. Make sure the report goes to either your immediate supervisor or your employer’s human resources department.
Is There a Penalty for Failing to Report My Accident?
Yes. It is worth reiterating that failure to give some kind of notice — written or oral — within the first 30 days of your accident may completely disqualify you from receiving workers’ compensation benefits. The best way to avoid this result is by giving notice as soon as possible. Further, the best way to avoid disputes down the road is to make sure your timely notice is given in writing.
Will There Be an Investigation into My Accident?
Your accident and injuries will almost certainly be investigated once you submit your injury report. Workers’ compensation insurers do not like paying out any more than they absolutely have to. Therefore, the insurance adjuster assigned to your case will want to make sure that your claim is legitimate.
As part of the investigation, the adjuster will likely talk to you, your employer, your doctor, and anyone who witnessed the accident. Insurance providers have even been known to hire private investigators to surveil injured employees. Throughout the investigation process, it is important that you exercise caution when discussing your accident and injuries with your employer, their insurer, and other employees.
Do I Need a Workers’ Compensation Lawyer for My Claim?
Many workers’ compensation claims are processed smoothly. Then again, many are not. Therefore, though you are not obligated to speak with an attorney when filing for workers’ compensation, it is in your best interest to do so as soon as possible after your injury. This is especially true if your injuries are serious. An experienced attorney can:
- Explain how the claim process works
- Prepare the necessary paperwork
- Gather additional evidence to support your claim
- Handle communication with the insurance company
- Assist with an appeal if your claim is denied
- Help you understand your rights
- Ensure that you are not taken advantage of
Contact a Georgia Workers’ Compensation Lawyer
Filing a workers’ compensation claim can be tedious and time-consuming, especially when recovering from serious workplace injuries. Unfortunately, employers and insurers cannot always be relied on to act in your best interest and process your claim fairly. Fortunately, you do not need to face obstacles and adversaries alone on your path toward maximum compensation.
The legal team at R. Alan Cleveland, LLC is proud to provide excellent legal representation to injured workers throughout Georgia. We are ready to evaluate and handle your case. Call us today for a free and confidential consultation.
An Athens resident Alan Cleveland grew up in Rockdale County. As a founding partner of the personal injury law firm of R. Alan Cleveland, LLC he proudly serves his community and provides skilled representation to injury victims and their families all around Georgia. Alan earned his undergraduate degree from the University of Georgia and went on to graduate, summa cum laude, from Atlanta’s John Marshall Law School. He is also a graduate of Gerry Spence’s renowned Trial Lawyers College (TLC) in Wyoming. In his free time, Alan frequently speaks at continuing legal education seminars. He also volunteered as a youth baseball coach and assists with Georgia’s high school moot court competition held annually. Alan serves as a Trustee of Historic Athens and is a member of the Development Authority of the Unified Government of Athens-Clarke County.
