Hurt at work in Georgia: what to do, step by step

The first 24 hours

Do these steps in this order, if you can do them safely.

1. 1

   If it is an emergency, get help now

   If the injury is serious, call 911 or go to the emergency room. Say you were hurt at work.

2. 2

   Tell your supervisor today

   Tell your boss, supervisor or foreman that you got hurt, how and when. Georgia law asks you to give notice right away or as soon as practical, and generally no benefits are paid if notice is not given within 30 days, with some exceptions (O.C.G.A. § 34-9-80). Telling only a coworker may not be enough.

3. 3

   Also give notice in writing

   Send your supervisor a text or email with the date, time, place and how you got hurt. Keep a copy. That way there is proof of your notice.

4. 4

   Ask to see the panel of physicians

   Your employer must post a list of authorized doctors (panel of physicians) or the name of a managed care organization. Ask to see it and take a photo of it.

5. 5

   Tell the doctor it happened at work

   Explain that you were hurt at work and describe everything that hurts. If something is not written in your medical records, it can be hard to prove later.

6. 6

   Write down what happened and find witnesses

   Write down what you were doing, what machine or tool you were using and who saw it. Ask witnesses for their phone numbers. Photograph the area and your injuries if you can do it safely.

The next few days

1. 1

   Use a doctor from the panel

   Generally, you choose a doctor from the list your employer posts. You may make one change to another doctor on the same list without the Board's approval (O.C.G.A. § 34-9-201). If the employer does not provide the options the law requires, you may be able to choose another doctor. Ask us before you change.

2. 2

   Follow the doctor's restrictions

   If the doctor gives you light duty or restrictions, ask for a copy and give it to your supervisor. Go to every medical appointment.

3. 3

   When weekly checks start

   According to the State Board, you are entitled to weekly checks if you cannot work for more than 7 days, and the first check should be mailed within 21 days after the first day you missed. If you miss more than 21 days in a row, you are also paid for the first week (O.C.G.A. § 34-9-220).

4. 4

   How much you may receive

   While you cannot work at all, the weekly check is generally two-thirds of your average weekly wage, up to a weekly maximum set by law (O.C.G.A. § 34-9-261). The State Board publishes the current maximum.

5. 5

   If you are not paid, file Form WC-14

   To protect your rights, you generally must file Form WC-14 with the State Board within 1 year of the injury. If you already received paid treatment or weekly checks, the deadline is counted differently (O.C.G.A. § 34-9-82). A copy also goes to your employer and the insurer.

6. 6

   If someone else caused the injury

   Usually you cannot sue your employer outside the workers' compensation system (O.C.G.A. § 34-9-11). But if someone other than your employer caused the injury, for example another driver in a crash while you were working, there may be a separate claim against that person (O.C.G.A. § 34-9-11.1).

   Car accident guide →

What to keep

Keep everything in one folder or in an album on your phone. Do not throw anything away, even if it seems unimportant.

• A copy of the text or email you used to notify your supervisor
• The name of the person you told and the date
• A photo of the panel of physicians or the managed care notice
• Medical notes, work restrictions and appointments
• Pay stubs from before the injury
• Any weekly checks or payments you receive
• Letters and forms from the insurer or the State Board
• The miles you drive to the doctor; according to the State Board, necessary travel expenses may be paid
• Witness names and phone numbers and photos of the area

What not to say or do

Some words or decisions can put your benefits at risk. This is what to avoid and what to do instead.

If you do not have papers

Many workers who call us have this worry. You are not alone.

How we work on your case

These are the usual steps. Every case is different and we cannot promise a result, but we will explain each step.

1. 1

   You call us

   Call us at (770) 609-9396. We listen, review your papers and explain your options in plain words, in Spanish or English. Calling does not, by itself, create an attorney-client relationship.

2. 2

   Clear fees

   According to the State Board, attorney fees in workers' compensation need the Board's approval when they are more than $100, and the Board does not approve fees greater than 25% of the weekly benefits or the settlement. We explain everything in writing before you sign.

3. 3

   We check deadlines and forms

   We confirm whether notice was given on time, file Form WC-14 when needed and respond to the insurer.

4. 4

   Your medical treatment

   We help you with the panel of physicians, changing doctors and authorized appointments.

5. 5

   Hearings

   If there is no agreement, the case may go to a hearing before an administrative law judge of the State Board. According to the Board, the hearing is generally scheduled within 60 days after the judge receives the WC-14 and is held in or near the county where the injury happened. We prepare you and go with you.

6. 6

   Other claims

   If someone else caused the injury, we check whether there is a separate personal injury claim.

7. 7

   You decide

   No settlement is accepted without your permission.