Filing a Workers' Compensation Claim

If you file a claim and weekly or medical benefits are not started, you may request a hearing before the State Board of Workers’ Compensation to get what you want.  This is usually done though an attorney.  A hearing is like a trial in the courts of Georgia.  Your deposition will likely be taken by the employer and their insurer prior to hearing.  The hearing will usually be scheduled to take place within 60 days of your request, though it is usually continued twice or more before the actual hearing occurs, so four to six months is not unusual.

Your claim will be decided by an Administrative Law Judge who listens to both sides of the claim and determines what benefits, if any, you should receive.  The rules of evidence apply as if you were in state or superior court and that is why it is advisable to hire an attorney for this process.  Witnesses will testify and the employer and insurer will definitely have an attorney. The judge's decision will be based on the law and the facts involved. Usually these hearings take less than a half day to complete.  Within another 90 days or so there will be a decision on the claim. However, if you win, the employer and their insurer may appeal the decision to the Appellate Division of the State Board of Workers’ Compensation and on to the Superior Court and, less often, on to the Georgia Court of Appeals or Supreme Court.  The process can take over a year to complete before you see any benefits. This is why many cases settle before they are tried.

If you have questions Kenneth R. Croy may be able to assist. All consultations are free and you do not pay your attorney unless you win benefits.