Starting a Worker’s Compensation Claim in Georgia

If you were injured “on the clock,” it is likely that you are eligible to file a workers’ compensation claim.  In theory, your employer is supposed to report all work injury claims to the State Board and to its insurance company.  However, employers do not always do what they are supposed to do and I advise my clients and potential clients to protect and preserve their rights by filing their own claims.

There are two types of notice you should be concerned about:

Notice to Your Employer:  Under Georgia law, you must give notice of your injury to your employer within thirty (30) days of your injury.  I recommend that you give notice to at least one supervisor.   Telling a co-worker is not sufficient.  

There is no particular form that you need to use to give notice.  If possible, give notice to your employer in writing and ask for a receipt.  If your supervisor is not cooperative, you can mail your notice return receipt requested.  If your employer give you a work injury report form, make a copy.

Whenever possible, I like to assist my clients in completing a written work injury report.  This report will serve as evidence in your case and you should be accurate and detailed when filling it out.

Within a few days after you give notice, you should start to receive paperwork in the mail from your employer’s insurance carrier.  If you do not receive any paperwork within a week of your injury report, there could be a problem and you should contact a lawyer to protect your rights.

If you do not give notice of injury within thirty (30) days of your injury, your employer may deny (controvert) your claim.

Notice to the State Board:  Under Georgia law, the Georgia State Board of Workers’ Compensation must receive notice of your work injury within one (1) year of your injury date.   Here, too, you should be alert for receipt of State Board forms in the mail after you report your injury to your supervisor.

I have seen several cases where the employer never filed its “First Report of Injury” with the State Board.  In such an instance you (and your lawyer) need to make that report.

Document everything. It is vital to keep well-documented records of the injury or accident, what witnesses were there, what medical care you received, and so on. You should also keep copies of all correspondence, including letters, emails from doctors, emails from supervisors, etc.

Also keep track of when you missed work, and make sure you have a list of all important dates. When you are pursuing a workers’ compensation claim, it is important that you be sure to double check so as to make sure that all of your information is accurate.

If you get the sense that your employer and/or its insurer are playing games with your claim, I urge you to pick up the phone and call me at 770-351-0801.