Hiring a Workers' Compensation Lawyer in Georgia
The limits on workers' comp lawyer fees in Georgia, filing deadlines, how to check a lawyer's license, and free state help for injured workers. We do not recommend or rank lawyers.
What a lawyer costs in Georgia: fee rules
| If you disagree with a lawyer's bill | The State Bar of Georgia's Fee Arbitration Program handles fee disputes between lawyers and clients (and between lawyers). It is free to clients and lawyers in attorney/client disputes. Participation is a choice, but the program offers only binding arbitration, so both sides agree to be bound by the award. Most hearings use a panel of two lawyers and one non-lawyer. Start with a Petition for Fee Arbitration. Phone: 404-527-8750. |
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| If a lawyer takes your money | The State Bar of Georgia Clients' Security Fund, created in 1968, can reimburse eligible clients who lost money through a Georgia lawyer's dishonest conduct in a lawyer-client relationship. The lawyer must have been disbarred, indefinitely suspended or voluntarily surrendered the license (unless deceased). Malpractice and insured or bonded losses are excluded. There is no fixed cap on the page: the Board of Trustees sets amounts based on available funds, number of claims and work the lawyer actually did, and claims are typically not paid in full. Apply no later than two years after the Supreme Court of Georgia's final disciplinary action; no filing fee is listed. |
Georgia rules to know first
| Lawyer fee limits | In Georgia, a workers' comp attorney's fee is based on your agreement with the lawyer and must be approved by the State Board of Workers' Compensation if it is more than $100; no fee greater than 25% of the employee's award of weekly benefits or settlement will be approved. For general questions, the Board can be reached at (404) 656-3818 or 1-800-533-0682. |
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| Deadline to file a claim | File a claim (Form WC-14) with the State Board within one year from the date of the accident. If the employer paid for authorized medical treatment, the claim may be filed within one year after the last authorized medical treatment; if weekly income benefits were paid, within two years after the last weekly payment. Dependents of a worker who died must file within one year after the death. |
| Deadline to challenge a denial | A party unhappy with an administrative law judge's award may appeal to the appellate division of the State Board of Workers' Compensation within 20 days of the notice of the award (a cross appeal may be filed within 30 days). A final award of the Board may then be appealed to the superior court of the county where the injury occurred within 20 days from the date of the award, and the superior court's judgment may be taken to the Court of Appeals as provided by law. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The deadline to request the initial hearing after a denial was not separately verified (see workcomp/claim_deadline). |
| Can you sue your employer? | Generally no: Georgia's workers' comp rights and remedies exclude and replace all other rights and remedies against the employer for the injury or death, including common-law liability. The statute's stated exception is when the employer has expressly agreed in writing to specific additional rights and remedies; general contract terms about safety, legal compliance or liability insurance do not count. The immunity also covers co-employees and extends to businesses using temporary help or employee leasing companies when the required benefits are provided. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The copy read did not show an intentional-tort exception in the statute text. Source: O.C.G.A. § 34-9-11(a), (c) |
| Suing someone other than your employer | Yes. A worker may sue a third party whose negligence caused the injury (except those protected by § 34-9-11) within the normal statute of limitations. The employer or insurer that paid benefits has a lien on the recovery, limited to the comp actually paid (disability, death and medical benefits), and it can collect only if the worker has been fully and completely compensated for all economic and noneconomic losses; the employer or insurer may intervene. If the worker has not sued within one year of the injury, the employer or insurer may bring the claim and must immediately notify the worker; a worker who sues after one year must immediately notify the employer or insurer. The worker's attorney is entitled to a reasonable fee from the recovery. Read on codes.findlaw.com (a public copy of the official code); check against the official code. Source: O.C.G.A. § 34-9-11.1(a)-(d) |
| Filing a claim online | In Georgia, report any on-the-job accident to your employer right away (waiting longer than 30 days may cost you benefits). To protect your rights you must file a claim within one year from the date of the accident by completing Form WC-14 and filing it with the State Board of Workers' Compensation, and send a copy to your employer and its workers' comp insurance carrier. Mail: State Board of Workers' Compensation, 270 Peachtree St. NW, Atlanta, GA 30303-1299. Claims assistance: (404) 656-3818 (metro Atlanta) or (800) 533-0682, Mon-Fri 8 a.m.-4:30 p.m.; insurer coverage desk 404-463-6794. |
Find and check a lawyer
| Lawyer referral service | The State Bar of Georgia says it "is not able to directly refer clients to lawyers." It offers the ReliaGuide Enhanced Directory to search for lawyers by type of law, and points people to the referral services run by many local and voluntary bar associations (it links a list of referral services that comply with Bar Rule 7.3(c)(2)). |
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| Check that the lawyer is licensed | The State Bar of Georgia offers an online Member Directory with basic and advanced search for looking up Georgia lawyers. |
| Check discipline history or file a complaint | Grievances about Georgia lawyers are filed online with the State Bar of Georgia's Office of the General Counsel (OGC). An OGC attorney reviews each grievance to see whether it shows a possible violation of the Georgia Rules of Professional Conduct; grievances outside its jurisdiction or without sufficient evidence or merit are dismissed. If a possible violation appears, the grievance is sent to the lawyer for a response, and those that appear to involve a violation go to the State Disciplinary Board for investigation. The lawyer will likely see what you submit. State Bar: 104 Marietta St. NW, Suite 100, Atlanta, GA 30303; 404-527-8700 or 800-334-6865. Online grievance portal: https://portals.georgiabar.org/ogc/grievance |
Free legal help
| Free legal aid | Georgia's LSC-funded legal aid organizations are Atlanta Legal Aid Society and Georgia Legal Services Program, which give free civil legal help to eligible low-income people. The State Bar of Georgia points people to GeorgiaLegalAid.org for a complete directory of civil legal assistance programs, and to the Pro Bono Resource Center (co-sponsored by Georgia Legal Services Program and the State Bar) at 404-527-8763. The Bar warns that many businesses advertise "legal aid" online, so ask whether a service is free. Bar page: https://www.gabar.org/public/legal-aid---pro-bono-resource-center |
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All legal help in Georgia · Background guide
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.