Free Consultation
770-626-7895Hurt on the job in Georgia? You have the right to file for workers’ comp benefits. Workers’ compensation is a no-fault form of insurance coverage that is designed to protect people who were injured or made ill on the job. At The Larrison Law Firm, we help clients with both workers’ comp claims and workers’ comp appeals. Knowledge can make the difference. Here, our Athens workers’ compensation attorney provides a comprehensive guide on how to file for workers’ comp in Athens.
How to File for Workers’ Comp (Five Big Steps to Take)
Step #1: Seek Immediate Medical Care for Any Injuries
Your health comes first. After a workplace accident in Georgia, you should seek medical attention without delay. It is your right to see a doctor. Of course, if it is an emergency, go to the nearest emergency room. Otherwise, notify your employer and request to see an authorized workers’ compensation doctor immediately. Georgia law requires you to treat with a doctor from your employer’s posted list of approved physicians unless it is a medical emergency. Prompt medical care not only ensures proper treatment, but it also provides the documentation to support your workers’ compensation claim. You need to attend all follow-up appointments as well. If you do not have supporting medical records, that will undermine your workers’ comp claim.
Step #2: Notify Your Employer of Your Workplace Accident
The Georgia workers’ comp laws put responsibilities on both employers and employees. One of the key legal obligations that employees have is to report their work injury promptly. If they fail to do so, they could prevent themselves from getting workers’ comp benefits at all.
Georgia law gives you 30 days to report your work injury to your employer. The failure to report it could make you ineligible for workers’ comp. Of course, you should not wait that long. As a best practice, you should notify your supervisor or manager as soon as possible. It is best to do it in writing. As an alternative to your supervisor, you may notify the human resources (HR) department. The notice should include the date, time, and details of the accident. Be specific and clear. Early notification strengthens your position and helps to speed up the claims process.
*Note: It is important to consult with an attorney before completing the following steps. They can ensure that all the next steps are completed properly to maximize your compensation.
Step #3: Complete the Workers’ Compensation Application
You need to obtain and fill out all of the workers’ compensation paperwork. To formally start your claim, complete Form WC-14. It is the official “Notice of Claim” for Georgia workers’ compensation.
You can get this form from the State Board of Workers’ Compensation (SBWC) website or by calling their office. Your employer may also opt to provide you with a copy of the form after your workplace accident. You should fill out the form carefully. The small details matter. It is important to provide all requested information, including your employer’s name, the date of the accident, and a description of your injury.
Do not rush through your workers’ comp form: Be sure to double-check everything. Even seemingly minor mistakes or omissions can delay your claim. If you have any questions about how to complete the paperwork, an experienced Athens workers’ comp lawyer can help.
Step #4: Submit Your Form for Workers’ Comp Benefits
Once you have filled out the WC-14, it is time to file it with the Georgia State Board of Workers’ Compensation. Notably, you must also send copies to your employer and their workers’ comp insurance carrier. You can submit your form online through the SBWC portal, by mail, or in person.
In Georgia, you must file your WC-14 within one year of the accident or the last medical treatment paid for by your employer. This is known as the statute of limitations for a workers’ comp claim. If you do not file a claim in a timely manner, you may be denied access to benefits.
A proactive approach is the best approach. Timely filing protects your right to benefits.
Step #5: Await a Decision on Workers’ Compensation
After your claim is submitted, the workers’ compensation insurance company will review it and decide whether to approve or deny benefits. They may request additional documentation or schedule a medical examination. If your claim is approved, you will begin receiving medical benefits and, if eligible, wage replacement benefits. Ideally, your benefits will be paid out in full, without any unreasonable delay by your employer or the insurer. If your claim is denied or delayed, you have the right to request a hearing before a workers’ compensation judge.
You Have the Right to Appeal a Workers’ Comp Denial
Even if you do everything right, that does not mean that getting full and fair workers’ compensation is easy. Sadly, some injured workers struggle to get access to full and fair workers’ comp benefits. If your workers’ compensation claim is denied in Georgia, do not give up. You have the legal right to appeal the decision. Insurance companies may deny a claim for many reasons, but they do not have the unilateral right to make the final determination. You can appeal a denial.
The first step in the appeals process is to request a hearing before the Georgia State Board of Workers’ Compensation. Once filed, your case will be scheduled before an Administrative Law Judge (ALJ). The hearing before an ALJ operates like a mini-trial. Both sides present their case. You will have the opportunity to explain your side of the case, submit medical records, and argue why you are entitled to benefits. A top-tier Athens workers’ comp appeals lawyer can help.
Settlement is Still Possible: A workers’ comp claim that is in dispute can be settled at any point during the legal process. It is not uncommon for cases to be settled after an ALJ hearing is scheduled.
What Are the Next Levels of Appeal After a Workers’ Comp Hearing in Georgia?
If the Administrative Law Judge (ALJ) rules against you after your workers’ compensation hearing, you can continue the appeals process.
The next step is to file an appeal with the Appellate Division of the State Board of Workers’ Compensation. You must file your written appeal within 20 days of the ALJ’s decision. To be clear, the appeal is based on the record from the original hearing. No new evidence is allowed. The Appellate Division will review legal arguments and may affirm, reverse, or modify the judge’s decision. If you disagree with the Appellate Division’s ruling, you may then appeal to the Georgia Superior Court in the county where the injury occurred. While workers’ comp litigation is relatively uncommon in Georgia, it may be necessary in some cases.
How Our Georgia Workers’ Comp Lawyers Can Help
Workers’ comp is complicated. If you were hurt while on the job, you may have a ton of questions about your rights, your options, and what you need to file a claim. The good news is that you do not have to figure everything out on your own. At The Larrison Law Firm, we are a proactive, solutions-focused firm. Our case results tell the story of how we can deliver results for injured workers. Your initial consultation with our Athens work injury attorney is free, completely confidential, and carries zero additional obligations.
Contact Our Athens, GA Workers’ Comp Lawyer Today
At The Larrison Law Firm, our Athens workers’ comp attorney is a strong, experienced advocate for justice. If you have any questions about the workers’ comp claims process, we are here to help. Call us now or contact us online for a free, no-obligation initial consultation.
