Frequently Asked Questions — Georgia Injury and Workers' Comp

Common questions

How long do I have to file a personal injury claim in Georgia?

Generally two years from the date of the injury, under O.C.G.A. § 9-3-33. Claims against a city or county have much shorter written-notice deadlines. It is six months for a city and twelve months for a county or the State of Georgia. Evidence goes stale long before the two years are up, so do not treat the deadline as a plan.

What happens if I was partly at fault for the accident?

Georgia uses modified comparative fault, under O.C.G.A. § 51-12-33. Your recovery is reduced by your percentage of fault, and if you are found 50 percent or more at fault, you recover nothing. That is why insurers work hard to get you to say something that sounds like an admission.

How long do I have to report a work injury to my employer?

Thirty days, under O.C.G.A. § 34-9-80. Report it in writing to a supervisor. A text or an email with the date is enough. Verbal reports have a way of being forgotten and then disputed.

What is the deadline to file a workers' compensation claim in Georgia?

Generally one year from the date of the accident, or from the last medical treatment your employer paid for (O.C.G.A. § 34-9-82). It is filed on Form WC-14 with the State Board of Workers' Compensation. Missing it generally ends the claim regardless of its merits.

I was hurt in a crash while driving for work. Do I have one claim or two?

Often two. Because you were working, you may have a workers' compensation claim through your employer's insurer, which does not require proving fault. Because another driver was careless, you may also have an injury claim against them. The two affect each other, and handling them together is the core of this firm's practice.

Does workers' compensation pay for pain and suffering?

No. Georgia workers' compensation covers medical treatment and a portion of lost wages. It pays nothing for pain and suffering. A claim against someone other than your employer, such as a driver who hit you on a work drive, can.

Should I talk to the other driver's insurance company?

You do not have to give them a recorded statement, and you should not without advice. Their adjuster is allowed to record you and allowed to be friendly about it. Anything you say about the crash or your injuries can be used to reduce what they pay.

What does it cost to hire Snell Injury Law?

The consultation is free. There are no upfront fees, and there is no fee unless we win. You will know exactly how the fee works before anything is signed.

How long will my case take?

It depends mostly on your medical treatment. A claim usually should not be valued until treatment has finished and the full cost of the injury is known. After that comes the settlement demand and negotiation. If the case does not settle, it goes to suit and often to mediation. Nobody can honestly promise a timeline at the start.

Do I have to come to the office?

No. The office is in Alpharetta, but most consultations happen by phone or video. After a serious crash many people cannot drive, and that is not a problem.

What cases do you not take?

Federal workers' compensation, because federal employees are covered by a separate federal system this firm does not handle. And claims where the person already has a lawyer on the same matter.

My workers' comp claim was denied. Is it over?

No. A denial is the insurer's position, not a final decision. You can ask for a hearing before an administrative law judge at the State Board of Workers' Compensation. Most of the common reasons for denial can be answered with documents, but there are deadlines, so do not wait.