How do I file a workers compensation claim in Georgia?

Georgia workers' compensation is administered by the State Board of Workers' Compensation (SBWC) under O.C.G.A. § 34-9-1 et seq.

1. Who Is Covered

Employers with 3 or more employees (regular, part-time, or seasonal) must carry workers' comp (O.C.G.A. § 34-9-2).

Sole proprietors, partners, and corporate officers may opt out; farm laborers, domestic servants, and railroad workers have specific rules.

2. Notice to Employer — 30 Days

Under O.C.G.A. § 34-9-80, the employee must give notice within 30 days of the accident.

Notice may be oral or written; can be excused if the employer had actual knowledge or notice was prevented by injury.

3. Filing Deadline — 1 Year

File Form WC-14 Notice of Claim/Request for Hearing with the SBWC within 1 year of the date of injury (O.C.G.A. § 34-9-82).

For occupational disease: 1 year from disablement or knowledge of work-relatedness.

Disputes are heard by an Administrative Law Judge (ALJ).

4. Weekly Benefit Calculation

Temporary Total Disability (TTD): 66 2/3% of AWW, capped at the statutory maximum (O.C.G.A. § 34-9-261).

2024 maximum TTD: $800/week (one of the lower caps in the country); minimum: $50/week.

Temporary Partial Disability (TPD): 66 2/3% of the difference between pre- and post-injury AWW, max $533/week.

Permanent Partial Disability (PPD): scheduled weeks per body part at TTD rate.

Death benefits: $290,000 cap to a surviving spouse with no dependents.

5. Maximum Benefit Period

Non-Catastrophic TTD: capped at 400 weeks from the date of injury (O.C.G.A. § 34-9-261).

Catastrophic injuries (paraplegia, severe brain injury, etc.): lifetime benefits (O.C.G.A. § 34-9-200.1).

TPD: capped at 350 weeks.

6. Medical Treatment — Panel of Physicians

Employer must post a Panel of Physicians (typically 6 or more doctors, including 1 orthopedic, 1 minority physician, and meeting other requirements) (O.C.G.A. § 34-9-201).

Employee selects a treating physician from the panel.

Failure to post a valid panel allows the employee to choose any doctor.

One change of physician on the panel is permitted as a matter of right.

7. Choice of Doctor

Limited — must use a panel doctor; one change permitted on the panel.

8. Attorney Fees

Capped at 25% of weekly benefits under O.C.G.A. § 34-9-108; subject to ALJ approval.

9. Catastrophic Designation

Workers with catastrophic injuries (defined by O.C.G.A. § 34-9-200.1) receive lifetime medical and indemnity benefits, plus rehabilitation services.

10. Retaliation

Georgia does not have a specific anti-retaliation statute for workers' comp; employees may rely on common-law theories.

This is legal information, not legal advice.