Atlanta Workers’ Compensation Lawyer
Georgia gives you 30 days to report a workplace injury to your employer. Under the Official Code of Georgia Annotated (O.C.G.A.) § 34-9-80, missing that deadline may result in a denial of your workers’ comp claim.
Georgia law recognizes limited exceptions, including employer knowledge of the accident, physical or mental incapacity, or a reasonable excuse that did not prejudice the employer, but relying on those exceptions is risky.
An Atlanta workers’ compensation lawyer at Hasner Law handles claims for injured workers whose benefits have been denied, delayed, or cut short by the employer’s insurance carrier.
Call Hasner Law PC today at 678-888-HURT (4878) for a free and confidential case evaluation.
Atlanta Workers’ Compensation Guide
- Why You Need a Workers’ Compensation Lawyer in Atlanta
- Understanding Workers’ Compensation Law in Georgia
- Types of Workers’ Compensation Benefits in Georgia
- What to Do After a Workplace Injury in Atlanta
- Common Workplace Injuries in the Atlanta Metro Area
- What to Expect During a Workers’ Compensation Claim in Georgia
- When Workers’ Compensation May Not Be Your Only Option
- FAQs for Atlanta Workers’ Compensation Lawyer
- Contact an Atlanta Workers’ Compensation Attorney Today
Why Is Workers’ Compensation a Major Focus of Hasner Law’s Practice?
Workers’ compensation is a major part of our caseload, and our attorneys have worked in Georgia’s workers’ comp system from many sides.
That experience helps us handle claims involving denied benefits, delayed payments, medical treatment disputes, and hearings before the State Board of Workers’ Compensation.
How Did Our Attorneys Build That Workers’ Comp Background?
Managing Partner Stephen Hasner co-founded the Georgia Injured Workers’ Advocates (GIWA), an organization that lobbies for the rights of injured workers statewide.
He chairs the Workplace Injury Network Political Action Committee (WIN-PAC) and has served on the board of directors of the Workers’ Compensation Claimant Lawyers division of the Georgia Trial Lawyers Association.
Senior Attorney Judy Blackwell spent six years as an Administrative Law Judge (ALJ) at the Georgia State Board of Workers’ Compensation, where she presided over more than 500 cases. She has seen the system from the bench, which gives her a clear read on how hearings unfold and what evidence carries weight.
Senior Attorney Pearce Taylor and Attorney Akash Patel both started their careers representing employers and insurers in workers’ comp disputes. That combined background means our team has operated on every side of the Georgia workers’ comp system.
What Does Hasner Law Do Differently for Injured Workers?
We direct the insurance carrier to route all claim-related communication through our office once you hire us.
That reduces direct pressure from adjusters, protects you from giving a recorded statement without legal guidance, and helps prevent gaps in your documentation.
- We file all required forms with the State Board of Workers’ Compensation, including the WC-14 Notice of Claim
- We review the Panel of Physicians your employer provides and advise you on choosing a treating doctor
- We audit your average weekly wage calculation to verify the insurer is paying the correct benefit rate
- We track your weekly income checks and take action if payments are late, shorted, or suspended
- Bilingual legal support is available in English and Spanish
With over 80 years of combined experience and over $1 billion recovered in settlements and verdicts, our attorneys have a strong record in Georgia workers’ comp cases.
Past results include a $3.7 million recovery for a lumbar spine injury and a $1.15 million recovery in a separate workers’ comp case, though every case is different and prior results do not guarantee a similar outcome.
How Are Workers’ Comp Benefits Calculated in Georgia?
Georgia workers’ comp income benefits usually pay two-thirds of your average weekly wage, or AWW, up to the maximum allowed by state law. In many cases, AWW is based on your gross earnings during the 13 weeks before your injury.
If you did not work most of that period, Georgia law may use another method to calculate your wage rate.
Georgia Workers’ Comp Benefit Types at a Glance
| Benefit Type | What It Pays | Duration |
| Temporary Total Disability (TTD) | Two-thirds of AWW while you are unable to work at all | Up to 400 weeks for non-catastrophic injuries |
| Temporary Partial Disability (TPD) | Two-thirds of the difference between your pre-injury wage and your current reduced wage | Up to 350 weeks |
| Permanent Partial Disability (PPD) | Two-thirds of AWW for the number of weeks assigned to the injured body part under the statutory schedule | Varies by body part (e.g., 225 weeks for an arm or leg) |
| Catastrophic Designation | Same rate as TTD | Lifetime benefits with no week cap |
These time limits apply to wage benefits, not all medical benefits. For non-catastrophic injuries on or after July 1, 2013, Georgia law usually limits authorized medical care to 400 weeks from the injury date. Catastrophic injuries and some older claims may follow different rules.
Insurance carriers may miscalculate AWW by leaving out overtime, bonuses, or other wages that should count under Georgia law. Even a small wage error can lower every weekly check you receive.
An Atlanta workers’ comp attorney can review those numbers and work to correct payment errors.
What Happens When a Workers’ Comp Claim Gets Denied in Georgia?
Georgia employers and their insurance carriers deny workers’ comp claims for a range of reasons.
Some denials are based on legitimate coverage disputes. Others follow patterns that injured workers and their attorneys frequently see repeated across claims.
What Are the Most Common Reasons for a Denied Claim?
Denied workers’ comp claims in Atlanta often share a pattern. The insurer uses one or more of these arguments to justify cutting off or refusing benefits.
- The employer claims the injury did not happen at work or during the course of employment
- The insurer argues that a pre-existing condition, not the workplace accident, caused the current symptoms
- The employee missed the 30-day reporting window under O.C.G.A. § 34-9-80
- The insurer disputes the treating doctor’s diagnosis or recommended treatment plan
- The employer accuses the worker of violating a safety rule or being under the influence at the time of the accident
A denial does not end the claim. Georgia law gives injured workers the right to request a hearing before an ALJ at the State Board of Workers’ Compensation.
That hearing is where the evidence presented by both sides determines whether benefits are owed. Call 678-888-4878 if your claim has been denied or your benefits have been suspended.
When Might a Third Party Be Responsible for a Workplace Injury?
Workers’ comp is a no-fault system, meaning you do not have to prove your employer was negligent.
But when a third party, meaning someone other than your employer, contributed to the injury, you may have a separate personal injury claim in addition to your workers’ comp benefits.
What Third-Party Claims Are Common in Atlanta Workplace Injuries?
Third-party claims arise frequently in Atlanta industries where outside contractors, equipment manufacturers, or property owners contribute to unsafe conditions.
- A construction worker injured by a subcontractor’s negligence on a multi-employer job site
- A warehouse employee hurt by a defective forklift manufactured by a third-party company
- A healthcare worker injured in a car accident while traveling between facilities for work
- An airport operations employee at Hartsfield-Jackson injured due to a property defect maintained by a separate vendor
A third-party claim allows the injured worker to pursue damages beyond what workers’ comp provides, including pain and suffering, which workers’ comp does not cover.
Ask Hasner Law
Do I have to use the doctor my employer picked for my workers’ comp claim?
Georgia employers are usually required to give injured workers a valid Panel of Physicians with at least six doctors. In many cases, you must choose your treating doctor from that list.
If the panel is invalid, incomplete, or was not posted the right way, you may have options to challenge the doctor choice or seek treatment from another doctor. An Atlanta workers’ compensation attorney can review the panel and explain your options.
What if my employer fires me after I file a workers’ comp claim?
Georgia is an at-will employment state, so termination after a workers’ comp claim can be complicated. Filing a claim should not stop you from receiving workers’ comp benefits.
If your employer fires you, cuts your hours, or demotes you after you file a claim, talk with a lawyer right away. You may still have workers’ comp rights, and other employment laws may apply.
How long do I have to file a workers’ comp claim in Georgia?
Georgia gives injured workers one year from the date of the accident to file a claim with the State Board of Workers’ Compensation under O.C.G.A. § 34-9-82.
The deadline may extend to one year from the date of last authorized remedial treatment, or two years from the last payment of weekly benefits, whichever is later.
These extensions apply only under specific circumstances, so speaking with a lawyer well before any deadline approaches is a good idea.
My employer says my injury is not covered because I am a contractor. Is that true?
Not necessarily. Some employers misclassify employees as independent contractors to avoid carrying workers’ comp insurance.
Georgia law looks at the actual working relationship, not just the label on your pay stub. If your employer controls how, when, and where you do your work, you may qualify as an employee with full workers’ comp rights.
FAQs for Atlanta Workers’ Compensation Lawyer
How much does a workers’ comp lawyer in Atlanta cost?
Hasner Law handles all workers’ compensation cases on a contingency fee basis. You pay no fees unless we recover benefits for you.
Attorney fees in Georgia workers’ comp cases are subject to approval by the State Board of Workers’ Compensation, which means the fee amount is reviewed and approved as part of any settlement.
What is the difference between workers’ comp and a personal injury claim?
Workers’ comp is a no-fault system that provides medical treatment and wage replacement without requiring proof of employer negligence. A personal injury claim requires proof that another party acted negligently and caused your injury.
Workers’ comp does not pay for pain and suffering, while a personal injury claim does. If a third party contributed to your workplace injury, you may have both types of claims.
What if my employer does not have workers’ comp insurance?
Georgia requires most employers with three or more employees to carry workers’ compensation insurance. If your employer should have coverage but does not, you may still file a claim with the State Board of Workers’ Compensation.
The employer may face penalties. In some cases, you may also have claims outside the normal workers’ comp system. A lawyer can explain your options based on the facts.
What if I got hurt at work but my injury showed up days later?
Many workplace injuries, including back injuries, repetitive stress conditions, and soft tissue damage, do not produce symptoms right away.
Georgia law still requires you to report the injury to your employer within 30 days of when you knew or reasonably should have known the injury was work-related. Document your symptoms and see a doctor as soon as they appear.
What does the workers’ comp claims process look like in Georgia?
Georgia’s workers’ comp claims process begins when you report your injury and your employer notifies their insurance carrier.
The insurer then accepts or denies the claim. If the claim is accepted, you receive medical treatment and income benefits.
If it is denied or disputed, you may file a WC-14 with the State Board and request a hearing before an ALJ. That hearing functions like a trial, with both sides presenting evidence and testimony.
Take Action on Your Atlanta Workers’ Compensation Claim
The 30-day reporting deadline under Georgia law is one of the tightest timelines in the workers’ comp system, and falling outside it puts your claim at serious risk. Waiting to report your injury or respond to a denial can make your claim harder to prove.
Hasner Law represents injured workers across Atlanta, Decatur, Marietta, Kennesaw, and surrounding communities in Fulton, DeKalb, Cobb, and Gwinnett counties. Workers’ comp is a major part of our practice, and our attorneys have worked on many sides of the Georgia system.
Call 678-888-4878 for a free consultation with an Atlanta workers’ compensation lawyer. There is no fee unless we recover benefits for you.benefits for you.
It is unlawful for your employer to retaliate against you for filing a workers’ compensation claim. If you are being pressured or discouraged from reporting your injury, it is important to consult with an attorney as soon as possible. Taking early action can help protect your right to benefits and may prevent any adverse consequences at work.
A denial is not the end of your claim. You have the right to request a hearing before a judge at the State Board of Workers’ Compensation, where you can present medical records, witness testimony, and other supporting evidence. Because this is a formal legal proceeding, working with an experienced attorney can help you navigate the process and prepare a stronger case.
Only your authorized treating physician can determine when you are medically able to return to work. If your doctor clears you for light-duty work and your employer offers a job that meets those restrictions, you are generally required to attempt that position.
Declining suitable work without a valid reason could put your income benefits at risk, so it is important to understand your medical limitations and legal obligations before making that decision.
There are several reasons your benefits might stop, including a release to full-duty work by your doctor or the insurance company submitting paperwork to suspend payments.
If you are unsure why your checks stopped, contacting a workers’ compensation attorney right away is the best way to understand your rights and determine whether the action was legally justified.
In most cases, workers’ compensation benefits are not considered taxable income under Georgia or federal law. This includes both weekly payments and most types of settlements.
However, if your settlement includes components beyond compensation for your injury, such as interest or damages from other claims, there may be tax consequences. Discussing the structure of your settlement with an attorney can help you avoid unexpected financial issues.
Hasner Law: Atlanta Injury & Workers’ Compensation Attorneys
2839 Paces Ferry Rd SE #1050
Atlanta, GA 30339
P: (678) 888-4878
