Stephen Hasner | Workers' Compensation | December 2, 2025
After a workplace injury, your priority should be taking care of your health and working toward stability. Yet many employees find that employers or insurance companies make the process far more complicated than it needs to be.
You may be told that your injury isn’t related to your job, experience delays in getting medical treatment approved, or feel pushed to return to work before you’re ready. You might also have to deal with confusing paperwork and frequent calls from nurse case managers who often focus on closing claims quickly rather than protecting your interests.
These problems can create serious financial and emotional strain at a time when steady support matters most. Georgia’s workers’ compensation system has specific rules for resolving disputes, and understanding how the process works is an important part of safeguarding your rights. A knowledgeable workers’ compensation attorney can guide you, speak on your behalf, and help you pursue the benefits provided by law.
If you were injured at work, you can place your case in trusted hands by contacting Hasner Law. Call 678-888-HURT (4878) for a free consultation.
Key Takeaways About Your Georgia Workers’ Compensation Case
- Mediation is a mandatory, structured negotiation designed to resolve disputes over benefits without a formal hearing.
- A hearing is a formal proceeding before an Administrative Law Judge (ALJ) who makes a legally binding decision on your claim.
- The right strategy for your work injury claim depends on the specific reasons your benefits were denied, the strength of your medical evidence, and the insurer’s willingness to negotiate fairly.
- An experienced workers’ compensation attorney advocates for you in either setting, building a strong case to secure the medical care and income benefits you are entitled to.
- Many claims are resolved through a hybrid approach, where a request for a hearing is filed to push the insurance company toward a serious settlement offer in mediation.
Understanding Mediation in Georgia Workers’ Compensation Claims
Mediation is a required step in almost every disputed Georgia workers’ compensation claim. It is a formal negotiation process where you, your attorney, the insurance company’s lawyer, and a neutral mediator work to find a resolution.
The mediator, chosen from a list approved by the SBWC, does not have the power to force a decision. Instead, they facilitate communication and help both sides explore settlement possibilities, often pointing out the risks and benefits of proceeding to a hearing.
The entire process is designed to give the parties a chance to resolve their issues efficiently, as outlined in the SBWC’s official mediation guidelines.
What Happens During a Workers’ Comp Mediation
The mediation process is confidential. It typically starts with all parties together, where each attorney presents a short summary of their position.
Afterward, the mediator separates the parties into different rooms. They will then go back and forth, discussing the legal and medical issues, exploring the strengths and weaknesses of the claim, and relaying settlement offers.
The mediator’s job is to keep the conversation productive and help both sides see the case from a neutral perspective. This process requires patience, as it can take several hours of negotiation to find common ground.
This continues until a settlement is reached or the mediator declares an impasse, meaning no agreement could be made.
How to Prepare for a Successful Mediation
A successful mediation is the result of thorough preparation. Your workers’ compensation attorney will prepare a detailed file that methodically presents your case. This includes:
- A complete history of your work accident and the duties of your job.
- All medical records from your authorized treating physician documenting your injury.
- Reports from medical or vocational experts about your disability status.
- Proof of your average weekly wage to calculate income benefits accurately.
- A clear outline of the benefits that have been denied.
Presenting a well-organized case with strong medical support is the key to persuading the insurance company to negotiate a fair lump-sum settlement. This is not just a collection of papers; it is a compelling narrative of your case that demonstrates the value and legitimacy of your claim.
Benefits of Mediation for Your Work Injury Claim
Mediation offers several key advantages. It gives you direct input and control over the final outcome, as no settlement is final without your agreement.
The process is entirely private and confidential. It is often faster and less uncertain than waiting for a judge’s decision. Because it is a structured negotiation, it can be less adversarial than a formal hearing, which helps reduce stress.
Ultimately, a successful mediation provides certainty, allowing you to close your case on agreed-upon terms and move forward with your life without the lingering uncertainty of a pending court date.
Requesting a Hearing Before the State Board of Workers’ Compensation
When an insurance company refuses to provide benefits and mediation fails, the next step is a formal hearing.
This is not a jury trial. Instead, it is a proceeding before an Administrative Law Judge (ALJ) who is an expert in Georgia’s workers’ compensation laws.
Filing a request for a hearing signals that you will not accept the denial of your benefits. This action is governed by the rules and procedures of the Georgia State Board of Workers’ Compensation.
This formal step often compels the insurance company to take your claim more seriously.
What to Expect During a Workers’ Compensation Hearing
A hearing is requested by filing a Form WC-14. This begins a period of discovery, where your attorney builds the official record for your case. They will use specific legal tools to gather evidence. These tools compel the employer and their insurer to provide information.
- Interrogatories: Written questions sent to the employer or insurer to get factual information on the record.
- Requests for Production of Documents: Formal requests for items like safety reports, personnel files, or video evidence that the insurer will not volunteer.
- Depositions: Sworn testimony taken from doctors, supervisors, and other witnesses to lock in their story before the hearing.
At the hearing itself, your attorney will present this evidence, give an opening statement, question witnesses, and make a closing argument.
The ALJ listens to both sides before issuing a decision. This evidence-gathering is the foundation upon which a successful award is built, and it requires a deep understanding of legal procedure.
Advantages of Taking Your Workers’ Comp Case to a Hearing
While a hearing is a more formal process, it offers powerful advantages when an insurer refuses to be reasonable. The discovery process can uncover critical evidence the employer tried to hide. The ALJ has the authority to order the insurance company to pay your income benefits, approve your medical treatment, and pay penalties for late payments.
The judge’s decision, known as an Award, is legally binding and enforceable, carrying the weight of a court order. A formal hearing is sometimes the only way to compel a stubborn insurance company to provide the benefits required by law, as detailed under the Official Code of Georgia Annotated (O.C.G.A.) Title 34, Chapter 9.
Choosing the Best Strategy for Your Georgia Work Injury Claim
The decision to settle at mediation or proceed to a hearing is complex. A skilled workers’ compensation attorney will analyze the facts of your case, from an incident at a construction site in Atlanta to an injury at the Port of Savannah, to chart the best course. The right choice is never one-size-fits-all and requires a personalized approach.
Key Factors That Guide Your Case Strategy
Your attorney analyzes several critical elements to recommend the best path forward. These include the specific reason for the denial of benefits, the strength of the medical evidence from your doctor, and whether the insurer is negotiating in good faith.
Cases involving complex medical issues or a complete denial of the claim may be more likely to require a hearing. Your own financial needs and goals are also central to developing the right strategy for your claim. Your attorney will explain the risks and potential rewards of each option so you can make an informed decision.
The Hasner Law Advantage A Trial-Ready Advocate for Injured Workers
Whether your case is resolved at the mediation table or in a hearing room, the attorneys at Hasner Law are prepared to fight for you. We approach every workers’ compensation case with the readiness for a formal hearing.
This meticulous preparation is our core strength and often compels employers’ insurers to offer fair settlements during mediation. They know our reputation for aggressively litigating cases before the State Board of Workers’ Compensation (SBWC) and that we will not back down from a fight for the benefits our clients need, like ongoing physical therapy or weekly income checks.
With over 80 years of combined experience, our team is dedicated to Georgia workers’ compensation law. We represent clients in Atlanta, Savannah, and across the state, and we understand the tactics insurers use to deny rightful claims.
We gather supportive evidence, manage all required filings, handle communication with insurers, and reduce the burdens of the process for those we represent. Through our No Fee Unless We Win commitment, clients receive dedicated legal representation without any upfront expenses.
FAQs for a Workers’ Compensation Attorneys
Is everything said in a workers’ comp mediation confidential?
Yes. The statements and settlement offers made during mediation are confidential and cannot be used against you or the employer in a subsequent hearing before an ALJ. This is a crucial rule that encourages open discussion to reach a settlement.
What happens if we don’t settle the case at mediation?
If you cannot reach an agreement, the mediator will declare an impasse. Your case will then proceed toward a formal hearing, where the ALJ will hear the evidence and make a binding decision about your benefits. No ground is lost by attempting mediation first.
Do I have to go to a hearing to get my benefits?
Not necessarily. Many cases are resolved through negotiation or mediation, resulting in a lump-sum settlement that closes out your claim. A hearing is the final step when the insurance company refuses to voluntarily pay benefits or offer a fair settlement.
Can I bring someone with me to mediation or the hearing?
You are allowed to bring your attorney, and in some cases a close family member for support. However, family members generally cannot participate in the negotiation or hearing itself. Your attorney will advise you on who may attend and when their presence is appropriate.
Why is a lawyer so important in a workers’ compensation case?
The system is complex, with strict deadlines and procedural rules. An experienced attorney protects your rights, navigates issues like the panel of physicians, gathers medical evidence, represents you effectively at mediation and hearings, and counters the tactics used by insurance companies to deny claims.
Start Your Path to Recovery After a Georgia Work Injury
Do not let a denied claim or an uncooperative insurance company jeopardize your health and financial stability. Whether through aggressive negotiation at mediation or a powerfully argued case before a judge, our objective is to secure the full benefits you need to recover. The legal team at Hasner Law is dedicated to fighting for injured workers and will be your advocate every step of the way.
If you were injured on the job, contact the experienced attorneys at Hasner Law for a free, no-obligation consultation. Call our Atlanta office at 678-888-HURT (4878) or our Savannah office at (912) 234-2334 today. You owe no fees unless we win your case.
