Who Pays for Emergency Room Visit - Georgia Work Injury

A work-related injury can turn your life upside down in a matter of moments. One minute you're doing your job, and the next you're in the back of an ambulance, being rushed to the emergency room. If you are that injured worker, this sudden crisis often leads to a second concern: "who is going to pay for this?"
The short answer is this: under Georgia law, the workers' compensation insurance company is required to cover the costs of emergency medical treatment—including emergency room visits—when the injury arises out of and in the course of your employment. But, as with many legal questions, the details matter. In this post, we'll explain when and how the insurance company is obligated to pay for emergency room care after a work injury, and what you can do to protect your rights.
Understanding Workers' Compensation Medical Benefits in Georgia
Georgia's Workers' Compensation Law governs how injured workers receive medical treatment and wage benefits after a job-related injury. One of the core rights granted to injured workers is the right to medical treatment at no cost to them, provided that treatment is for a compensable work injury.
This includes:
- Doctor visits
- Hospital care
- Surgery
- Physical therapy
- Prescription medication
- Medical devices
- And yes—emergency room visits
But what does Georgia law say about emergency treatment in particular?
Emergency Treatment is an Exception to the Authorized Treating Physician Rule
Georgia's workers' compensation system has strict rules about which doctors you can see. Employers are required to maintain a list of authorized physicians (called a "posted panel of physicians"), and injured workers generally must choose their treating doctor from that panel.
However, there is an important exception: when emergency treatment is needed, you do not have to get prior approval or treatment from a panel physician.
This is established under Georgia Code and the decisions of the State Board of Workers' Compensation. If the circumstances are truly emergent, the law recognizes that injured workers must act quickly and cannot wait to consult with an authorized physician. The employer (and its insurer) is still responsible for paying those emergency medical bills—even if the ER doctor or hospital is not on the employer's posted panel.
Key Takeaway:
If you get hurt at work and need immediate care, you can go to the ER, and workers' comp has to pay for it.
What Counts as a "True Emergency"?
Not every trip to the emergency room will be covered. The key is whether the situation qualified as a "true emergency." Georgia law looks at whether a reasonable person in the worker's position would have believed that urgent, unscheduled treatment was necessary to avoid serious harm.
Here are some examples of situations that are generally recognized as emergencies:
- You fell from a ladder and may have broken a bone
- You were cut or punctured by machinery and are bleeding heavily
- You suffered a head injury and are disoriented or unconscious
- You were burned by chemicals or hot equipment
- You had a heart attack or stroke at work
- You injured your back lifting heavy equipment and can't stand or walk properly
In these situations, it is reasonable (and expected) that you would go to the emergency room immediately. The insurer cannot later deny the bill because you didn't get "pre-approval" or see a panel doctor. For serious injuries like neck injuries, or shoulder injuries, seeking immediate emergency care can be critical for proper diagnosis and treatment.
You Must Still Prove the Injury Was Work-Related
Keep in mind that Georgia workers' compensation insurance is not general health insurance. It only covers injuries that arise out of and in the course of your employment. That means your emergency room visit will only be covered if the underlying injury is determined to be job-related.
Therefore, it's important to do the following:
- Report the injury immediately to your employer, even if you are being taken to the hospital
- Tell the ER staff that your injury happened at work, so they properly document it as a work-related event
- Get copies of your ER records, in case there is later a dispute
- Follow up with a panel physician after your emergency care, to stay within the approved medical system
What If the Insurance Company Still Refuses to Pay?
It's not uncommon for workers' compensation insurers to deny payment for emergency room visits—even when the law supports you. They may argue that the injury was not work-related, that the ER visit wasn't a true emergency, or that you should have seen a panel physician first.
If your emergency room bills are being denied, you have the right to challenge that denial through the Georgia State Board of Workers' Compensation. An experienced workers' compensation attorney can help you gather the necessary evidence, file the appropriate forms, and represent you at a hearing if needed.

About Attorney Jodi Ginsberg
Attorney Jodi Ginsberg represents employees who are injured on the job and who need medical care and missed wage benefits available under Georgia's workers' compensation laws. With 30+ years of experience, Jodi has helped thousands of injured workers get the benefits they deserve.
Need Help With Your Workers Comp Claim?
If your emergency room bills are being denied or you have questions about your workers' compensation claim, contact us for a free consultation.