If you’ve been injured on the job in Georgia, you may be wondering how long it will take to receive workers’ compensation benefits. It usually takes around three weeks before getting your first workers’ compensation payment. However, delays and pushback from insurers can change how long it takes.
As “The Strong Arm” of Georgia law, we’ve been helping injured workers navigate workers’ compensation claims for over 20 years. Our Atlanta workers’ compensation lawyers have helped thousands of people with questions about their claims.
What Are the First Steps After a Workplace Injury?
The workers’ compensation process begins immediately after your injury. Here’s what you should do:
- Report your injury to your employer as soon as possible, ideally within 30 days.
- Seek medical attention.
- Follow all treatment recommendations from your doctor.
Taking these steps quickly can speed up your claim. Your workers’ comp payments will be delayed, or even denied, if you wait too long to do them. The sooner you start the process, the sooner you may receive benefits.
Once you report your injury to your employer, they’re mandated to notify their insurer and make a report about the accident. If they choose not to do that, they are breaking the law. Most employers will do their responsibility as soon as possible because the penalties for delays are too great if they wait.
How Long Does It Take for My Claim to Be Approved?
In Georgia, your employer’s workers’ compensation insurance carrier has 21 days from the date they receive notice of your injury to decide whether to accept or deny your claim. If your claim is straightforward and clearly work-related, you might start receiving benefits within this timeframe.
However, if there are complications or disputes about your claim, the process can take longer. This is where having an experienced workers’ compensation attorney can be invaluable. They can push back against the insurer’s delays and denials.
What Can Delay My Workers’ Compensation Claim?
Several factors can potentially delay your workers’ compensation claim:
- Disputes about whether your injury is work-related
- Disagreements about the severity of your injury
- Incomplete or inaccurate paperwork
- Delays in medical treatment or evaluations
If you’ve been approved for benefits but your payments are delayed, it’s important to take action. First, contact your employer and the insurance company to ensure they have all the necessary information. If the delay persists, it may be time to seek legal help.
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How Does an Appeal Affect How Long It Takes to Get Workers’ Comp?
If your claim is denied, don’t lose hope. You have the right to appeal the decision. The appeals process can extend the timeline for receiving benefits, but continuing to fight is better than giving up. Workers’ comp adjusters may play games with your compensation to delay your claim.
The first step in an appeal is typically requesting a hearing before the State Board of Workers’ Compensation. This hearing should be scheduled within 60 days of your request, but it may take longer depending on the complexity of your case and the current caseload of the Board.
An experienced workers’ compensation lawyer can help expedite your claim in several ways:
- Ensuring all paperwork is completed accurately and submitted on time
- Gathering and presenting strong evidence to support your claim
- Negotiating with the insurance company on your behalf
- Representing you in any necessary hearings or appeals
How Long Can I Receive Workers’ Compensation Benefits?
The duration of your benefits depends on the nature and severity of your injury:
- For temporary total disability, you can receive benefits for up to 400 weeks.
- For permanent partial disability, the duration depends on the body part affected and the severity of the disability.
- In cases of catastrophic injury, you may be eligible for lifetime benefits.
Our experienced attorneys can help you understand what category your injury falls into and what benefits you may be entitled to receive.
How Does Returning to Work Affect My Workers’ Compensation Benefits?
If you’re able to return to work but can’t perform all of your previous job duties, you may be eligible for temporary partial disability benefits. These benefits make up a portion of the difference between your pre-injury wages and what you’re able to earn now.
If your doctor clears you for light-duty work, but your employer can’t accommodate your restrictions, you may continue to receive temporary total disability benefits. However, if you refuse suitable work that’s within your restrictions, you risk losing your benefits.
It’s crucial to communicate openly with your employer and doctor about your ability to work. Don’t try to return to work before you’re ready, as this could worsen your injury and complicate your claim. Always consult with your attorney before making decisions about returning to work.
Contact Us for Further Help
It’s understandable to worry how long it takes to get workers’ compensation after an accident. The insurer will need to take time to investigate your claim. Denials and appeals can extend the time well beyond the usual three-week timeframe.
The best way to speed up your claim is to get legal help. At John Foy & Associates, we’re committed to helping injured workers in Georgia receive the benefits they deserve as quickly as possible.
Don’t let delays or denials discourage you from pursuing the compensation you’re entitled to. Our experienced team knows how to navigate the system efficiently and effectively. Contact John Foy & Associates today for a free consultation.
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