If you are hurt at work, report the accident to your supervisor promptly and no later than 30 days after your injury. If practical, give written notice of your injury. Be sure to include in your report that your accident and injury occurred while you were performing your job duties. If your employer spells out a policy for reporting injuries, follow the procedure.
Notifying Your Employer of Your Work Accident
Georgia workers' compensation law requires that you give notice to your employer as soon as possible and within 30 days of an accident or injury.
The Procedure for Giving Notice of a Work Accident
If you suffer an injury, follow your employer's procedure for reporting accidents and injuries. Check your employee handbook or ask your supervisor how to report your accident.
What to Include in Your Notice of an Accident or Injury
Your report of your accident and injury should include the following:
- Explain how, when, and where the accident happened.
- Describe your injury, symptoms, and other effects of the injury.
- Make it clear your injury occurred while you were performing job duties.
Here are a few additional tips for reporting your work injury:
- Be honest in your responses.
- Do not exaggerate the facts or overstate the extent of your injuries.
- If you do not know the answer to a question, say so.
What to Expect After You Report an Accident to Your Employer
In Georgia, employers with three or more full-time, part-time, or seasonal employees must carry workers' compensation insurance or must be self-insured.
So, if you are injured at work and your employer carries workers’ compensation insurance, here is a general overview of what you can expect after you report your accident:
The Procedure for Getting Treatment for Your Work Injuries
In Georgia, an employer must choose one of two options for providing medical care to an injured employee:
- Provide an injured employee a panel of doctors.
- Contract with a Managed Care Organization (MCO).
Once you report an injury, you go to the doctor you choose from the list or to an MCO provider. Tell the doctor your symptoms and be sure to make it clear that your injury happened while you were performing job duties.
You may also be able to get a second opinion from a doctor of your choosing.
What Workers’ Compensation Covers
Your employer must pay for medical expenses related to your injury, allowing you to get the treatment you need to recover from an injury.
If you miss seven days of work, you may be eligible to receive two-thirds of your weekly earnings, up to the state's maximum, helping you replace some of your lost wages as you recover from your injuries.
Learn more about the workers’ compensation benefits available to injured Georgia workers.
You can settle your claim, but you should contact a lawyer before signing anything.
Reasons an Employer May Deny a Workers’ Compensation Claim
Your workers’ compensation claim may be denied for a few reasons:
- Your work did not cause your injury.
- You waited too long to report your injury.
- You violated a safety rule.
In some cases, a failed drug test may be grounds to deny your claim if your impaired caused or contributed to your injuries.
What to Do If Your Workers’ Compensation Claim Gets Denied
Talk to an attorney if your workers’ compensation claim gets denied. You may have grounds to appeal the denial and fight for workers’ compensation benefits.
Filing a Lawsuit for a Work Injury
While you usually cannot sue your employer, you may be able to file a lawsuit against a third party that is responsible for your accident.
For example, if you got hurt on a construction site in an accident caused by a subcontractor other than your employer, you may be able to sue that subcontractor in addition to filing a workers’ compensation claim.
If you suffered a work injury in the Atlanta metropolitan area, contact S. Burke Law for help fighting for the benefits you deserve.
Contact S. Burke Law for Help After a Work Accident
You may qualify for workers’ compensation benefits if you suffered an injury at work. A successful workers’ compensation claim can help you get medical care and replace a portion of your lost wages.
If you were involved in a work accident, suffered an injury, or developed a repetitive stress injury, contact a workers' compensation lawyer at S. Burke Law at 404-842-7838 for a free consultation.