What Is the Workers’ Compensation Hearing Process in Georgia?

The workers’ compensation hearing process in Georgia is a formal legal proceeding designed to resolve disputes between injured workers and their employers. It is constructed similarly to a courtroom trial, though without a jury present.

The hearing takes place before an Administrative Law Judge, who will hear arguments from both sides on issues such as appeals or specific disputes between parties. Requesting a hearing is the next step if your workers’ compensation application is denied in Georgia. 

An Atlanta workers’ compensation lawyer can help you understand your rights and guide you through the Georgia workers’ compensation hearing process.

When Is a Workers’ Compensation Hearing Needed?

A workers’ compensation hearing is often necessary when a dispute can’t be resolved between an injured worker and their employer or the employer’s insurance provider. Frequently, a hearing stems from a denied claim, but there can be other reasons as well. 

Some common situations that lead to a hearing include:

• Your benefits have not been paid or were stopped without explanation.
• Medical treatment has been delayed or denied.
• Your work capacity is in dispute.
• Your claim was approved, but you believe the amount is incorrect.
• Your employer disputes the severity of your injury.
• Settlement negotiations have failed.

A hearing is your path to legal recourse when your case cannot be resolved any other way. You and your attorney can present your side in front of a judge.

How Do You Request a Workers’ Compensation Hearing in Georgia?

In order to request a workers’ compensation hearing in Georgia, you must complete and file Form WC-14 with the Georgia State Board of Workers’ Compensation. This document advises the Board, your employer, and the insurance company of your formal request for a hearing. 

Include details about your injury and the benefits you’re seeking. Once filed, the State Board of Workers’ Compensation assigns the case to an Administrative Law Judge and sends a Notice of Hearing with the date and location, typically within 60 days. 

To prepare, gather medical records, wage information, and any other supporting documentation that you believe will help your case. Before the hearing, both sides may exchange evidence and possibly attend mediation.

Do You Need an Attorney for a Worker’s Comp Hearing?

It is highly recommended that you hire an attorney for your hearing and compensation appeal. You’ll likely be facing your employer’s insurance company, which has lawyers who get paid to make sure they win in such situations. 

You’ll benefit from an ally who understands the workers’ compensation hearing process in Georgia. An attorney can make sure paperwork is filed correctly and on time, ensure the right supporting evidence is included with your request, and represent you at the hearing. 

What Happens During the Hearing?

The hearing takes place in front of an Administrative Law Judge in a county near where you live. The setting is similar to a courtroom trial, though there is no jury. During the hearing, both sides present evidence, such as medical records, employment documents, and witness testimony. 

You may need to testify about your injury and how it affects your ability to work. Each side can cross-examine the other’s witnesses. The assistance of an attorney who is knowledgeable about workers’ comp cases is extremely helpful both during and in preparing for the hearing.

How Do You Win a Workers’ Compensation Hearing?

Winning a workers’ compensation hearing means coming out of it with the benefits you need. The first step is to understand the workers’ compensation hearing process in Georgia, so you can be sure to take the right steps toward success.

You must convincingly prove that your injury is work-related and that you are entitled to benefits under Georgia law. This requires preparation, strong evidence, and solid legal representation. To win your claim, you will need to:

• Present clear and detailed medical records that support your side of the story.
• Be honest, credible, and consistent by making sure your narrative matches the evidence and that you don’t exaggerate.
• For additional evidence, include pay stubs, accident reports, emails, letters, or anything else you think may be helpful.
• Be prepared for cross-examination. Your attorney can help you.

The assistance of an attorney is important to ensure you get it right. A skilled workers’ comp lawyer understands the law and can argue your case more effectively than you can on your own.  

What Happens After the Workers’ Compensation Hearing?

After a workers’ compensation hearing in Georgia, the Administrative Law Judge reviews all evidence and testimony before issuing a written decision known as an Award. This typically occurs within 30 days. Their decision will determine whether you receive your benefits or not.

If the judge rules in your favor, your employer or their insurance provider must comply and start providing your benefits as directed. If your claim is denied or only partially approved, you have the option to file an appeal within 20 days to the Appellate Division of the State Board of Workers’ Compensation. 

If you fail to file an appeal within 20 days, the judge’s decision becomes binding. It’s important to review the Award with the help of your lawyer and act quickly if you disagree with the outcome.

Get Help With Your Workers’ Compensation Claim

The workers’ compensation hearing process in Georgia provides a way for injured workers to fight for their benefits when their claim is denied. Don’t try to take on your employer and their insurance company on your own. 

At John Foy & Associates, our team has over 350 years of combined experience fighting for injured victims throughout Georgia. When you are injured, get The Strong Arm™. Contact us for a free consultation and find out how we can help.