Georgia workers’ compensation law sets rules for reporting a job injury, receiving authorized treatment, replacing some lost wages, and disputing an insurer’s decision. This guide summarizes the main steps for an injured worker. For help with an individual claim, see our Georgia workers’ compensation lawyer page and request a free consultation.
Report the Injury to Your Employer
Tell a supervisor about a work accident promptly and keep a written record of the notice. O.C.G.A. § 34-9-80 generally requires notice within 30 days; waiting can put benefits at risk. Identify the date, place, task, and symptoms as accurately as you can. If symptoms develop later, report them as soon as you recognize the connection to work. Keep a copy of the incident report and any reply.
File a Claim With the State Board
Under O.C.G.A. § 34-9-82, a Board claim generally must be filed within one year of the accident. Payments or employer-furnished medical treatment can affect the timing, and other exceptions may apply. Reporting to the employer does not replace filing a claim with the State Board. The Board identifies Form WC-14 for a claim. Preserve dates of treatment and benefit payments, and obtain case-specific advice before relying on an exception.
Know the Main Types of Benefits
Authorized medical care can include treatment, therapy, prescriptions, and necessary travel expenses for a covered work injury. Income benefits may apply when a worker cannot work or earns less because of restrictions. The categories include temporary total disability, temporary partial disability, and permanent partial disability, each with its own rules and limits. The amount depends on wages, the date of injury, medical restrictions, and the benefit category. The State Board’s FAQ is a source for current process information.
When Workers’ Comp and an Injury Claim Overlap
A covered injury generally leads first to the workers’ compensation system. If a separate negligent driver, contractor, property owner, or manufacturer helped cause the injury, a third-party claim may also require investigation. A third-party case has different proof and deadlines, and the recoveries can affect one another. The fact that an accident happened at work does not, by itself, establish that an outside party is liable.
The interview and video below discuss construction accident issues. They are general information; the practice page linked above addresses claims, benefits, denials, and third-party injuries in greater depth.
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Question:
Am I eligible for workers’ compensation after being injured in a construction accident?
Answer:
There are two complications that sometimes come up in construction accident cases in Georgia. First, the negligent party might be shielded from the accident victim bringing a claim against them due to workers’ compensation immunity. This brings up the question as to who is eligible for workers’ compensation?
Workers’ compensation is an insurance benefits system which enables individuals to recover benefits if they are injured on the job and will have to miss time from work. It also protects employers from being litigated against. However, when a negligent party is directly responsible for your injuries, our attorneys are here to sort out these complexities and get you the rightful compensation that you deserve.
Were you or a loved one seriously injured on a job site and have questions about workers’ compensation in Georgia?
Contact the experienced Georgia construction accident lawyers at Princenthal, May & Wilson, LLC, today for a free consultation and case evaluation.
Let our experience and dedication work for you.
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