Workers' comp deadlines in Georgia: tell your employer and file

Tell your employer in Georgia

Time limit

30 days

Counted from

The date of the accident

If you are late

If you wait longer than 30 days, you may lose your benefits.

Report any accident on the job to your employer, your employer's representative, your foreman or your immediate supervisor right away, and no later than 30 days after the accident. A written report with the date, place and how it happened gives you proof.

Law: O.C.G.A. § 34-9-80; SBWC Bill of Rights for the Injured Worker (O.C.G.A. § 34-9-81.1)

Source: sbwc.georgia.gov

File your claim in Georgia

Time limit

1 year

Counted from

The date of the accident; or the date of the last authorized medical treatment paid for by the employer (1 year); or the date of the last weekly income benefit payment (2 years)

What to file

Form WC-14, filed with the State Board of Workers' Compensation, with copies sent to your employer and its insurance carrier

Source: Notice of Claim

Claim form

Notice of Claim / Request for Hearing / Request for Mediation

Who files it

You report the injury to your employer. Your employer reports it to its insurance carrier. To protect your rights, you file Form WC-14 with the State Board of Workers' Compensation and send a copy to your employer and to its insurance carrier. If you do not know who the carrier is, call the Board's Coverage Desk at 404-463-6794.

What your employer must do

Your employer must post a panel of physicians (or the name of its certified managed care organization) and the Bill of Rights for the Injured Worker. When it learns of an injury, it must fill out Section A of the Employer's First Report of Injury right away and send it to its insurance carrier.

Source: Form WC-1

When the insurer decides

Within 21 days after the employer learns of the injury or disability, the insurance carrier must file Form WC-1 with the Board and send you a copy, showing either that it has started paying weekly benefits or that it is denying (controverting) the claim. If your claim is denied, you are told the reason and you can request a hearing on Form WC-14.

Illness that develops over time

For an occupational disease, file your claim within 1 year after you knew, or reasonably should have known, that your disability is related to your work. No occupational disease claim can be filed more than 7 years after your last exposure at work to the hazard that caused the disease. For asbestosis or mesothelioma from asbestos exposure, you have 1 year from the date you were first disabled after the diagnosis.

To protect your rights, file Form WC-14 with the State Board of Workers' Compensation within 1 year from the date of the accident. If your employer provided authorized medical treatment, you have 1 year from the last treatment. If you were paid weekly income benefits, you have 2 years from the last payment of weekly benefits. If you die from the injury, your dependents must file within 1 year after your death.

Law: O.C.G.A. §§ 34-9-82, 34-9-281

Source: sbwc.georgia.gov

Law: O.C.G.A. §§ 34-9-81.1, 34-9-221; SBWC Rule 61(b)(1)

Source: sbwc.georgia.gov

Waiting period and first payment in Georgia

Waiting period

Weekly income benefits start only if you lose more than 7 days of work. The 7 days are calendar days of disability (days off that are not scheduled workdays count) and do not have to be in a row.

Paid back for the waiting days

If you are out of work more than 21 consecutive days because of the injury, you are paid for the first 7 days too; that payment is due on the 21st consecutive day.

First payment

Your first check should be mailed within 21 days after the first day you missed work. If benefits are not paid when due, the insurance carrier or employer must pay a penalty that is added to your payments.

How often you are paid

Weekly

Law: O.C.G.A. §§ 34-9-220, 34-9-221; SBWC Rule 220

Source: sbwc.georgia.gov

Deadline helper

Count your dates with the deadline helper · Write the notice to your employer