If you get hurt at work, the first thing you need to do is tell your immediate supervisor. If that person is not available find someone else who has management responsibility– a line lead, shift manager, plant manager, or other member of the management team. Some people make the mistake of just telling a co-worker about their work injury. But that will not help much if you have to defend your claim in court. You need to speak directly to a manager. For example, let’s say you’re an HVAC technician and you hurt your back. Don’t just tell the guy you ride to jobs with; tell the company owner directly.  

In Georgia, you generally have 30 days to report a work injury. The good news is there are no magic words you have to say. You do not have to say something legalistic like “I hereby request workers compensation benefits under Title 34…”  You just need to let your employer know you got hurt on the job. 

If you had a specific accident, explain what happened. 

If your injury built up over time, explain when and where you are having problems. For example: 

• “When I reach up to grab boxes off the line, my shoulder starts hurting.”  

• “When I crawl under equipment, I get pain running down my leg.”  

• “My hands go numb after using the machine all day.”  

The important thing is making it clear that you have an injury that is connected to your work. 

After letting your employer know you have been injured, ask to fill out an accident report. If they refuse or say the company does not have a process for this, write down the details yourself. Include what happened, when it happened, and who you told. Then keep it somewhere safe. If you write it as an email or text, you can store it on your phone. If you write it down on paper, take a picture with your phone or make a photocopy.

Regardless of how you write down the details– official accident report with body part diagram or your own paper– list every body part that is bothering. If you only describe the main injury, you could hurt your ability to get help you need later.

For example, if somebody hits you with a pallet jack, your back may be the main problem, but your knee twisted, your shoulder hurts, and your leg feels sore. List all of it. This is important because some injuries get worse over the next few days. Employers and insurance companies sometimes try to avoid covering related injuries. They might argue “You never complained about your knee before” and claim that aspect of the injury is not work related.

Still if you forget to include some part of the injury in your initial report that does not mean your case is over. If a body part starts getting worse later: report it, tell your doctor, and make sure it gets documented.  

But being thorough from the start is the best way to protect yourself.

A very common response to an injury in factories, poultry plants, warehouses, and manufacturing jobs is: 

• “Go see the plant nurse.”  

• “Safety will look at you.”  

• “We’ll decide later if this is workers comp.”  

But remember that while people in these roles may be well trained in company policies, safety rules, and first-aid, they might not be knowledgeable about Georgia workers’ compensation laws and procedures.

And in many cases where employers are knowledgeable about workers’ compensation they will attempt to control where you treat, what doctor sees you, and whether you get taken out of work.  

Under Georgia Workers’ Compensation law, employers are required to maintain a list of approved doctors called a “Panel of Physicians.” You might find it posted on a wall in a break room, a job site trailer, or near other legal posters.  If not, ask for it.

Make copy of the list. The list will be short so you can write down the names or take a picture with your phone. Find out what you can about the doctors on the list. Ask around with friends and family. Read any reviews you can find online. And, you could also consult with a local workers’ comp lawyer who will have first-hand knowledge of how these doctors work with their patients. This is extremely important. Here’s why.

Once you have selected a panel doctor, you only get one opportunity to change from one panel doctor to another. This is important because your workers’ compensation doctor has enormous control over critical decision like the following:  

• Treatment

• Work restrictions

• Testing

• Surgery recommendations

• Whether checks continue

If your employer refuses to send you to a doctor, seek medical care on your own if you can. if you can afford it, go to an urgent care facility or your own primary care doctor.

Make sure you clearly tell a medical provider– the doctor, physician’s assistant, or a nurse who is examining you– that you were hurt at work. This might feel uncomfortable, but insurance companies will use it against you if you fail to declare your injury as work-related.

Do not assume the examining provider already knows your injury is work-related because you told the receptionist or the check-in nurse. You have to tell the person who is actually conducting the examination.

This is important because medical records often become evidence later. You do not need perfect wording. Just explain the basics honestly in your own words.

Call or text every day and save proof that you did so. Keep the texts on your phone and/or save screen shots. Also, save records of your calls by either keeping the call record on your phone or keeping the phone bills that show you made calls to the company phone number.

One of the most common ways employers defend against workers’ comp claims is by claiming that they had suitable work available and that you quit your job. They will claim – 

• “job abandonment,”  

• “no call no show,”  

• or that they did not know why the employee stopped coming in.  

Even if the employer already knows you are hurt, protect yourself by documenting your communication. 

If you suddenly start getting letters, forms, or calls from an insurance company, that usually means your employer reported your injury to their workers’ comp insurer.

The insurance adjuster may ask for: 

• medical releases,  

• questionnaires,  

• Medicare information,  

• or a recorded statement.  

This is where people need to slow down and be careful. 

Recorded statements in workers’ compensation are different from suits like car accident cases. Sometimes the adjuster genuinely does not know much about the claim yet. But insurance companies also routinely use statements to deny cases. 

Before giving one, it is smart to talk to a lawyer. 

If you decide to give a recorded statement stay calm, answer honestly, and remember a judge may eventually listen to it.  

• Do not guess. 
• Do not exaggerate. 
• Do not let somebody rush you. 

And remember you are allowed to ask questions and give them important information too. For example: 

• “When did the employer report this?”  

• “What did they tell you?”  

• “Did they say if they have video?”  

• “They never showed me a list of doctors.” 

The insurance adjuster might say that they are just gathering information, but there is nothing wrong with expecting information from them too.

In Georgia, there is also a form called a WC-14 Notice of Claim that generally must be filed with the State Board of Workers’ Compensation within one year of your injury. 

If you just got hurt yesterday, reporting the injury to your employer is the much more immediate issue. But, you still need to know the WC-14 exists because your employer is not going to file it for you. 

If you hire a workers compensation lawyer, they will handle this for you. 

You can contact the Georgia State Board of Workers’ Compensation for instructions on how to file it. To find the form go to Board Forms | State Board of Workers’ Compensation

A lot of workers’ comp cases are straightforward in the beginning, but they can become complicated quickly. Some common warning signs that you might need help are: 

• Nobody will tell you where to go to the doctor.

• You keep getting bounced between safety and HR.

• The doctor releases you back to work even though you physically cannot do the job.

• Checks suddenly stop.

• The insurance company starts pressuring you for a statement.

• Weeks go by and nothing seems to be happening.

Sometimes there is an innocent explanation. Sometimes there is not. The important thing is understanding your rights before small problems turn into bigger ones. 

If you are not sure what is going on with your case, talking to a lawyer who specializes in workers’ compensation early can help you avoid mistakes that are hard to fix later. 

Our regular attorney hours are 7:30-5:30 Monday through Friday. But if you need to talk before work, after work, or on the weekend send us a message and we’ll set up a time that works for you.