What if Workman's Comp Is Denied in Georgia?

Georgia law requires workers' compensation coverage for employers with three or more employees. Most employers -- except for sole proprietors and partners -- are required to purchase insurance for their employees. Employers are required to pay for their injured employees' medical benefits, as long as they are reasonably necessary for their recovery, as certified by their physicians. Employers are also required to pay for their employees' lost wages if they are unable to work or can no longer perform the same type of work after their injuries.

Georgia law requires injured employees to report their job-related injuries to their employers within 30 days of sustaining their injuries. However, employees who develop latent occupational illnesses may have more than 30 days to report their injuries after first developing symptoms of their diseases. Georgia law also requires employers to post information about their chosen medical providers and post toll-free numbers, which their employees should be able to call 24 hours per day. Employers are generally required to post a listing of at least six selected physicians authorized to provide medical treatment.

The Georgia workers' compensation law requires employers to pay for direct medical treatments and physicians' fees if their employees suffer job-related or on-the-job injuries, regardless of fault. The Georgia State Workers' Compensation Board is responsible for administering the workers' compensation law, and the board can impose fines of up to $10,000 against noncompliant employers, insurance carriers and doctors. Although the Georgia workers' compensation law requires employers to pay for necessary medical treatment for their employees' injuries if they were job-related, the law does not require employers to pay for injuries sustained by employees because of their own gross neglect or serious misconduct.

Georgia law requires employers to file first report of injury claims within 21 days of receiving knowledge of employees' injuries if the injured employees are unable to work for more than seven days. Employers are required to pay job-loss benefits after seven days and within 21 days of receiving knowledge of the injury. Employers can be required to pay 15 percent penalties in addition to wage replacement benefits if they do not pay their benefits within 21 days. Because of the potentially large penalties, employers must immediately request a hearing to deny employees' wage loss benefits.

Employees have a one-year statute of limitations to file a claim with the Georgia State Board of Workers' Compensation using Form WC-14. Form WC-14 is the Georgia State Board of Workers' Compensation Request for Hearing/Request for Mediation and Notice of Claim Form. After the board receives the form, it will set a hearing or mediation in front of an administrative law judge. Although employees can retain attorneys to represent them during their hearings, they are not required to do so. Furthermore, Georgia law caps the amount that attorneys can charge their clients for their workers' compensation hearings. If an attorney charges more than $100, the Georgia State Board of Workers' Compensation must approve the attorney's fee, and it does not allow attorneys to charge more than 25 percent of a weekly benefit award.

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