The Georgia Workers’ Compensation Act requires an injured employee report an on-the-job accident to a supervisor or employer agent shortly after the incident. Please see O.C.G.A. § 34-9-80. The employee is required to give the Employer or its agents notice of an on-the-job accident so that the Employer can investigate the incident, and most importantly, provide the injured worker medical treatment. The injured employee will not be entitled to medical care or indemnity benefits, such as temporary total benefits or temporary partial benefits until the job injury is reported.
An employee must report a job injury within 30 (thirty) days after the incident. If an employee fails to report their injury within thirty (30) days from the date of accident, the employee may compromise their entitlement to medical care and indemnity benefits. However, the Georgia Workers’ Compensation Act has developed an exception for the temporal requirements of notice, when an employee is prevented from reporting an injury due to “… physical or mental incapacity, or by fraud or deceit …” or when there is evidence the employer had knowledge of the accident.
For the aforementioned reasons, it is critical an employee reports all accidents or injuries, from serious injuries stemming from a motor vehicle accident to non-disabling injuries, such as back, shoulder or knee pains. An employee must pay attention to all pains; an ache can intensify with time and may be indicative of disk herniation, rotator cuff tear or meniscus tear. By reporting all accidents or injuries from serious to subtle pains, an employee will ensure they meet the notice requirements of the Georgia Workers’ Compensation Act and are eligible for medical care and indemnity benefits.
The attorneys at Ramos & Law are experienced and available to discuss the notice requirements of the Georgia Workers’ Compensation Act. Our attorneys will ensure injured employees are educate about the requirements for reporting on-the-jobs injuries.