After a workplace injury, the clock starts ticking immediately. Georgia has strict rules about when and how you must report your injury, which doctors you can see, and what forms need to be filed. Getting any of these wrong can delay your benefits or destroy your case entirely. This guide lays out the exact steps you need to follow. If you have questions about your specific situation, Attorney Jodi Ginsberg offers free consultations and has guided thousands of workers through this process over 30+ years.
Step 1: Report Your Injury to Your Employer
Georgia law gives you 30 days to report a workplace injury. But do not wait. Report it the same day it happens, or as soon as you realize something is wrong.
Report the injury both verbally and in writing. Tell your supervisor or manager directly, then follow up with written notice. Keep a copy of everything. Be specific about what happened, when it happened, where it happened, and what part of your body is affected.
Do not downplay the injury. Many workers say something like "my back is a little sore" when they actually have a serious problem. The words you use in your initial report can follow you throughout the entire case. If the insurance company later sees that you described the injury as minor, they will use that against you.
If you wait too long to report, the insurance company will argue that the injury did not really happen at work. Late reporting is one of the most common reasons claims are weakened or denied.
Step 2: Get Medical Treatment from the Panel
Your employer is required to post a list of at least six approved doctors at the workplace. This is called the panel of physicians. You choose your treating doctor from this list.
In an emergency, you can go to any emergency room. That is the one exception. But once the emergency is over, you should switch to a doctor on the panel for all follow-up care.
When you see the doctor, be completely honest about how the injury happened and describe all of your symptoms. Do not hold back because you think it will be used against you. Your medical records become the foundation of your case. If symptoms are not documented, the insurer will argue they do not exist.
You have the right to make one change to a different doctor on the panel without needing anyone else to approve it. Choose carefully. Your doctor controls your diagnosis, your treatment plan, your work restrictions, and your impairment rating. All of those directly affect how much your case is worth.
Step 3: Make Sure Your Employer Files the Claim
After you report the injury, your employer has obligations too. They must notify their workers comp insurance carrier. The insurer then files Form WC-1 (the First Report of Injury) with the State Board of Workers Compensation within 21 days.
Follow up to confirm this has been done. Ask your employer or HR department directly. If the employer fails to report the injury or drags their feet, you or your attorney can contact the insurer directly or file with the SBWC yourself.
Employers who fail to report injuries face penalties including late filing fines and attorney fee liability. Do not let their inaction stop your claim.
Step 4: File Form WC-14 If Benefits Are Not Paid
If your benefits are not being paid, if the insurer denies your claim, or if you simply want to protect your legal rights, you need to file Form WC-14 with the State Board of Workers Compensation.
This is the formal claim form. You must file it within one year of your injury date. This one-year deadline is the statute of limitations for workers comp in Georgia. Miss it, and you lose your right to benefits permanently in most cases.
You can get Form WC-14 from the SBWC website or by calling (404) 656-3818 or toll-free (800) 533-0682. The form asks for basic information about you, your employer, the injury, and what benefits you are seeking.
We strongly recommend having an attorney review your WC-14 before you file it. The information you include sets the stage for everything that follows.
Have questions about your case? Call (770) 351-0801 for a free consultation.
Call NowStep 5: The Hearing Process If There Is a Dispute
If the insurance company disputes your claim, you have the right to a hearing before an administrative law judge (ALJ) at the State Board of Workers Compensation. Think of it as a mini-trial.
During the hearing, both sides present evidence. This includes medical records, witness testimony, depositions, and expert opinions. The ALJ then issues a decision.
If you disagree with the ALJ decision, you can appeal to the Appellate Division of the SBWC. From there, appeals can go to Superior Court, then the Georgia Court of Appeals, and ultimately the Georgia Supreme Court.
Each level of appeal has strict deadlines. Missing an appeal window means accepting the lower decision as final. This is not a process you want to handle without legal representation.
Common Mistakes That Derail Workers Comp Claims
After 30+ years of practice, Attorney Ginsberg has seen the same mistakes over and over. Here are the ones that hurt the most.
Waiting too long to report. Even a few days of delay gives the insurer ammunition to question whether the injury really happened at work.
Not seeing a doctor right away. If you wait a week to seek treatment, the insurer will argue the injury was not serious or was not work-related.
Giving a recorded statement to the insurance company without an attorney present. Adjusters are trained to ask questions designed to get you to say things that hurt your case.
Posting on social media about your injury, your activities, or your feelings about the case. Insurance companies monitor social media and will use your posts against you.
Accepting a settlement before reaching Maximum Medical Improvement (MMI). If you settle too early, you may be leaving significant money on the table because your full impairment has not been determined yet.
Trying to handle the entire process alone. Workers comp looks simple on paper, but insurance companies have teams of professionals working to minimize your payout. You deserve someone on your side too.