If you need to file for worker’s compensation due to an injury or illness, you might be wondering how long it will take for your claim to be resolved.
The timeline of the claims process can depend on many factors. An experienced workers’ compensation attorney can help ensure that your case proceeds as smoothly as possible.
A skilled lawyer can also advocate on your behalf for the full benefits you’re counting on. Contact Underwood Law LLC, today to learn about your right to workers’ compensation benefits and what the claims process involves.
We can walk through the details of your claim and answer all your questions in a free case review.
The Workers’ Compensation Claims Process in Georgia: From Reporting to Appeal
1. Notifying Your Employer of a Work Injury or Illness
A workers’ compensation claim process begins when you notify your employer that you have suffered a work injury or an occupational illness. Ideally, you should provide notice to your employer as soon as your injury occurs or immediately following the diagnosis of an occupational illness. You must notify your employer no later than 30 days from the date of the injury or the discovery of the illness, or you could lose your right to benefits.
2.Seeking Medical Treatment and Choosing a Provider
Your employer should give you a list of medical providers to choose from. You should seek treatment immediately and follow your doctor’s orders.
3. Filing Your Workers’ Compensation Claim
After reporting the injury and beginning treatment, you have one year from the date of the injury to file a workers’ comp claim. Your employer and its workers’ compensation insurer will either accept the claim and begin paying benefits or deny your claim.
4. What Happens if Your Claim Is Denied?
If your claim is denied at this point, you can appeal the decision by filing a formal claim with the State Board of Workers’ Compensation to request a hearing before an administrative law judge (ALJ). The hearing will be scheduled within 30 to 90 days following the filing of your claim form.
5. Discovery and Preparing for the Hearing
While awaiting the hearing, you and your employer may engage in discovery, or the exchange of documents and evidence and taking of depositions. Depending on how long discovery takes, the hearing may be postponed one or more times.
In many cases, a hearing is not held until three to six months after the worker files the claim form.
6. Hearing and Appeals After the ALJ Decision
Once the hearing does occur, the ALJ will issue a decision within 30 days. Either party who objects to the ruling then has 20 days to file an appeal with the appellate division of the state board. Once the appellate division issues a ruling, any appeal must also be taken to the courts within 20 days.
How Long Does It Take to Get a Workers’ Compensation Check?
You will become eligible for lost wage benefits under workers’ compensation after you have missed more than seven days of work due to a work injury or occupational illness.
The 21-Day Payment Timeline
You can expect to receive your first workers’ compensation check for partial wage replacement benefits within 21 days after the first day you have missed work due to your injury or illness. If you miss work for more than 21 consecutive days, you will also be paid for the first seven days that you missed.
Timing for Lump-Sum Settlement Check
If you have suffered a severe or long-term work-related injury or illness, you and your attorney may decide that you are better served settling your workers’ compensation claim for a lump sum, rather than slowly collecting benefits over many months.
If you and your employer reach a workman’s comp settlement, you can usually expect to receive the settlement check within one to two months, depending on the length of time it takes to draft up the settlement paperwork and have the terms of the settlement approved by the State Board of Workers’ Compensation.
How Long Does Workers’ Compensation Benefits Last in Georgia?
The length of time that you can receive workers’ compensation benefits will depend on the severity of your injury.
Duration of Medical Benefits
As for medical benefits under workers’ compensation, your employer is typically obligated to continue paying for treatment until you reach maximum medical improvement, or the point at which further treatment is not reasonably expected to improve your condition.
Disability Benefit Time Limits
If you are receiving temporary total disability payments while out of work recovering from an injury or illness, you can receive payments for a maximum of 400 weeks.
However, if you miss work but are later found to have been capable of working with physical restrictions, this limit may be reduced to 350 weeks.
If you return to work but earn less money than you did prior to your injury, you may receive partial wage replacement of the difference in your income for a period of up to 350 weeks.
However, if you have suffered a catastrophic injury, such as one involving amputation, paralysis, severe head or brain injury, severe burns, or blindness, and are disabled from performing gainful employment, you may continue to receive partial wage replacement benefits for as long as you remain totally disabled.
What Happens After a Workers’ Comp Settlement?
In a workers’ compensation settlement, you agree to resolve your claim for a fixed sum of money.
This sum may either be paid in one lump payment or may be spread out over several periodic payments. Once you settle your workers’ comp settlement chart in Georgia, you cannot go back to your employer for payment of further medical treatment or for additional wage compensation.
You should never try to settle a claim without consulting with an experienced workers’ compensation attorney.
How a Lawyer Can Make Your Claim Move Forward More Efficiently
Although a worker who has suffered a job-related injury or illness is normally automatically entitled to workers’ compensation benefits, in some cases, injured or ill workers find it difficult to get the benefits they deserve.
A workers’ compensation attorney can help get your claim moving and pursue the full benefits you need by:
- Investigating the underlying facts of your workplace accident or occupational illness to recover all relevant evidence
- Contacting your employer or its workers’ comp insurer on your behalf to push for a decision on your claim without delay
- Filing your formal claim with the state board and handling the discovery process prior to the formal hearing
- Representing you at the workers’ comp hearing and arguing your case before the administrative law judge
- Appealing an adverse decision, if necessary
- Advising you on the risks and benefits of a settlement and negotiating on your behalf with your employer and its insurer for a settlement that provides you with the maximum compensation possible
Frequently Asked Questions
Can Hiring a Georgia Workers’ Compensation Lawyer Speed Up My Claim Processing Time?
The workers’ compensation process is deadline-driven.
For example, you must report your injury to your employer within 30 days, and the workers’ compensation insurer has 21 days to investigate your claim and file a report with the State Board of Workers’ Compensation (SBWC). During this period, an attorney cannot make the process go faster.
However, an attorney can help you prepare your workers’ compensation claim, gather strong evidence, and file it correctly, reducing the risk of errors that could stall the claims process.
If the insurance company delays payment or denies your claim, an experienced workers’ compensation lawyer can communicate with the insurer to understand the dispute, address it, and work to achieve an efficient resolution so that you receive your benefits as soon as possible.
Can I Receive Partial Benefits While My Workers’ Comp Claim is Still Being Processed?
Generally, no.
Employers are not required to continue paying your wages once you stop working and your workers’ comp claim is pending. In most cases, wage-replacement benefits do not start until the claim is accepted.
To cover the financial gap, workers sometimes use sick time, PTO, short-term disability insurance, or dip into savings to cover expenses. However, doing so may affect your wage-loss benefits once your claim goes through.
Before using up your vacation time or other employer-provided benefits, consult a workers’ compensation attorney to learn the potential impact on your claim.
What Should I Do if My Employer or Insurer is Slow to Respond to My Workers’ Comp Claim?
After you report a work-related injury that requires medical treatment or causes you to miss time from work, your employer should file a WC-1 form (“First Report of Injury”) with the State Board of Workers’ Compensation (SBWC).
It is also required to notify its workers’ compensation insurance carrier. The insurer then has 21 days to investigate your case and begin paying benefits or formally dispute with the SBWC.
If your employer is slow to report your injury, you can initiate the claims process by filing a form WC-14 (“Notice of Claim/Request for Hearing/Request for Mediation”) with the SBWC. This is the formal way to file a workers’ compensation claim in Georgia.
You don’t have to wait for a delay to file the WC-14 — you can do it after notifying your employer of your injury.
If the insurer misses its 21-day deadline, reach out to a workers’ compensation lawyer for help moving the claims process forward.
How Long Does It Take to Get a Decision After a Workers’ Compensation Hearing in Georgia?
An administrative law judge (ALJ) has 30 days to issue a decision after a workers’ compensation hearing.
Are There Ways to Speed Up My Georgia Workers’ Comp Claim Without a Lawyer?
Hiring a lawyer is no guarantee that the workers’ compensation process will move faster.
However, an experienced attorney who knows Georgia’s laws, common insurance tactics, and the types of evidence needed can help you build a strong case and reduce obstacles that might block your path to timely benefits.
If you choose to handle your claim without a lawyer, there are steps you can take to keep the process moving. Though you legally have 30 days to notify your employer of your injury, you should do so as soon as possible.
Pay close attention to all deadlines for responding to requests or decisions from your employer, the insurer, or the State Board of Workers’ Compensation (SBWC). Missing a deadline may affect your right to benefits.
Does Filing a Workers’ Compensation Claim Affect My Job or Employment Status in Georgia?
By law, your employer cannot retaliate against you solely for filing a workers’ compensation claim. Retaliation might include termination, a demotion, or missing out on promotions despite your qualifications.
However, Georgia is an at-will employment state, meaning an employer can fire you at any time for any reason other than your current workers’ comp claim. Even if you lose your job while on workers’ compensation, you generally can continue receiving benefits under state law.
Talk to a Workers’ Compensation Attorney Today
If you have questions about the process of pursuing a workers’ compensation claim after you have suffered an occupational injury or illness, contact Underwood Law LLC, today. We’ll provide you with a free initial consultation to discuss the details of your claim when you call us or reach out to us online.
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