Under Georgia’s workers’ compensation system, you should immediately report a work accident or an on-the-job injury to your employer – whether through HR, a foreperson, a supervisor, or a manager. You may jeopardize your eligibility for benefits if you wait more than 30 days to report your work injury.
You should also contact a workers’ compensation attorney as soon as possible after a workplace accident. Your lawyer can explain your rights and responsibilities and advocate for the benefits you need. After getting hurt at work, turn to Sherrod & Bernard, P.C., for help getting workers’ compensation benefits for your injuries. Contact us for a free initial consultation today.
What Happens If I Don’t Report My Injuries Within 30 Days?
Georgia’s workers’ comp law requires you to immediately report an on-the-job injury. However, you should not wait longer than 30 days to report work injuries to your employer. Waiting more than 30 days to notify your employer of your work-related injuries may result in losing your right to receive workers’ compensation benefits.
What Exactly Is Workers’ Compensation?
Georgia’s workers’ compensation system provides workers with guaranteed financial benefits if they suffer a work-related injury or illness. The law requires nearly all employers to provide workers’ compensation coverage.
Workers’ compensation benefits can include payment for:
- All reasonable and necessary medical treatment, and rehabilitation
- Partial replacement of lost wages due to missed time from work
- Financial compensation for permanent disabilities or impairments
- Death benefits for surviving dependents of a worker killed due to a work-related injury or illness
Workers can file a claim for benefits regardless of who caused their injury or illness without needing to prove that their employer’s negligence harmed them. But in exchange for guaranteed benefits under the workers’ comp system, workers give up their right to file a personal injury lawsuit against their employer for a workplace accident.
Is It True That All Employees in Georgia Are Covered by Workers’ Compensation?
Private employers with three or more workers must provide workers’ comp coverage for all their employees, including part-time or seasonal employees. However, Georgia law exempts specific categories of employers from the state’s workers’ compensation system, such as railroad companies or farm laborers. You can check whether your employer has insurance on the Georgia State Board of Workers’ Compensation (SBWC) website.
Should I Report My Injury to My Employer in Writing?
You should report a workplace injury to your employer in writing. Your employer or its human resources department may have standard forms you can use to report an on-the-job injury. Or you can send a letter or email to your employer, supervisor, manager, or foreperson.
Providing written notice to your employer will create a record that shows you notified your employer and when. A written notice may also help your case if your employer raises questions about the timeliness of your claim.
What Should I Do After My Workplace Accident?
Steps you should take after suffering an injury at work include:
- Report your injury to your employer as soon as possible.
- Seek prompt medical attention and inform the doctor that you suffered your injury at work.
- Follow your healthcare provider’s treatment plan and medical restrictions.
- Gather your pay stubs or income statements and receipts, bills, or invoices of out-of-pocket expenses you incur in your recovery.
- Contact a workers’ compensation lawyer as soon as possible to discuss your options.
Will There Be an Investigation After I Report My Injuries?
You may expect your employer or its workers’ compensation insurer to investigate your claim, especially if they have questions about whether your injuries occurred at work. Your employer or its insurer may also investigate the nature of your injuries and whether they have disabled you from performing your job. They may ask you to submit to an independent medical exam (IME) to confirm the disabling nature of your injuries. Although you do not have to submit to an IME, your employer or the SBWC may suspend your benefits until you do.
What Are Some Examples of Work-Related Injuries?
Common examples of injuries that employees suffer at work include:
- Lacerations and abrasions
- Burns
- Crush injuries
- Dislocated joints
- Ligament sprains and tears
- Muscle or tendon strains and tears
- Repetitive stress injuries, such as bursitis or carpal tunnel syndrome
- Herniated disc injuries
- Spinal cord injuries
- Vision or hearing loss
- Traumatic brain injuries (TBIs)
- Traumatic amputation or limb loss
- Toxic exposure
- Exposure to infectious diseases
Are There Instances When Injuries May Not Be Covered?
Georgia’s workers’ compensation system may not provide coverage for specific injuries or for workplace accidents that occur under certain circumstances, including:
- Work-related scars and disfigurement, although workers’ comp does provide coverage for loss of a body part such as an arm or leg
- Injuries from workplace accidents that occur while under the influence of alcohol or drugs
- Injuries from accidents that occur off-the-clock, such as during unpaid meals breaks
- Injuries from workplace accidents caused by the worker’s willful misconduct, such as “horseplay” or intentionally trying to get hurt
- Medical emergencies that occur due to chronic diseases, such as heart attack or stroke
- Mental injuries, such as PTSD, that do not have a corresponding compensable physical injury
Is There a Deadline for Filing My Workers’ Claim?
If you need to go to the State Board of Workers’ Compensation, you typically have only one year after a workplace accident to file a Form WC-14. You have a bit more time if your employer has already paid you weekly temporary disability benefits. In that case, you have two years from the date you last received a weekly disability benefit to file a claim to challenge the termination of your benefits.
Given the various deadlines for filing a formal claim, speaking with a Georgia workers’ comp lawyer is in your best interests. They can advise you on how long you have to file your workers’ compensation claim.
Contact a Georgia Workers’ Compensation Lawyer
Contact Sherrod & Bernard, P.C., today for a free, no-obligation consultation. You’ll get to speak with a Georgia workers’ compensation lawyer about your legal rights to benefits after suffering a work-related injury or occupational illness. Let us guide you through the workers’ comp claim process to secure the resources you need for your recovery.
