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A work injury can turn your life upside down. You cannot afford to be out of work without pay. Therefore, it is crucial that you receive workers’ compensation as soon as possible. At Parsons Law Group, our Atlanta-Savannah workers’ compensation attorneys help workers file claims to get benefits. We work to avoid unnecessary delays that could delay receiving workers’ compensation.
What Is the Typical Timeline for Workers’ Compensation Claims in Georgia?
Each workers’ compensation claim is unique. The timeline for settling a workers’ comp claim depends on the factors of the case. However, each claim has specific steps that must be taken. The steps in a workers’ comp claim include:
Notifying Your Employer of an Injury
Ideally, you should notify your employer of your injury immediately following the accident. If you cannot report the accident immediately, you must report the injury within 30 days, or you could lose your right to workers’ compensation benefits.
Seek Medical Treatment for Injuries
You should seek immediate medical treatment for injuries. Your employer should provide you with a list of medical professionals to choose from for treatment. If you need emergency treatment, go to the nearest emergency room.
File a Formal Workers’ Compensation Claim
An injured worker has one year from the injury date to file a workers’ comp claim. The workers’ compensation insurance provider and the employer may accept and pay the claim or deny the claim.
Appealing a Denied Claim
If your claim is denied, you can request a hearing before an administrative law judge (ALJ). The hearing may be held within three to six months, depending on the ALJ’s schedule and the time it takes to complete discovery (i.e., exchanging evidence and information between the parties). An ALJ issues a decision within 30 days after the hearing.
Further Appeals
You can object to the ALJ’s decision within 30 days to the appellate division of the State Board. Appeals of decisions from the State Board can be filed with the courts.
What Is a Realistic Expectation for a Workers’ Compensation Claim?
If you cannot work, you can receive temporary wage replacement benefits. The first check is typically paid within 21 days of your first missed day from work. You continue receiving wage replacement benefits until you are released to return to work or your doctor determines you sustained a permanent impairment. If you sustained an impairment, the severity and type of impairment determine whether you receive permanent total or partial disability benefits.
Many factors impact the timeline for a workers’ compensation claim. Factors that can speed up or slow down claim resolution include:
- Filing a claim promptly. The longer you wait to file a claim, the longer it takes to receive benefits.
- The severity of your injuries. You need to complete treatment and reach maximum medical improvement to determine the value of a workers’ compensation claim.
- Scheduling independent medical exams. The insurance company may request an independent medical exam to verify the severity of impairments and/or your ability to perform work tasks.
- Settlement negotiations. It could take several weeks or months to negotiate a settlement of your claim.
- Appeals and lawsuits. If your claim is denied, appeals and lawsuits could take over a year to resolve.
Hiring an experienced Savannah/Atlanta workers’ compensation attorney can help speed up a workers’ comp claim. An attorney understands what is involved in a claim. They work to keep the case moving forward and avoid problems that could slow down the process.
Schedule a Free Consultation With Our Savannah Workers’ Compensation Attorneys
We understand you need your benefits as soon as possible after a workplace injury. At Parsons Law Group, we diligently pursue your claim to obtain the compensation you need. Call our office today for a free consultation with an experienced Atlanta workers’ compensation attorney.