Appealing a Denied Workers' Comp Claim in Georgia
The deadline to challenge a denied workers' comp claim in Georgia, where to file, and the steps from hearing to appeal.
Short answer: 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). O.C.G.A. §§ 34-9-103(a), 34-9-105(b), (e)
| 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). |
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| Appealing a denial | After a WC-14 hearing request, an Administrative Law Judge decides the claim, usually at a hearing held within 60 days, in or near the county where the injury happened. The ALJ's award can be appealed to the Board's Appellate Division (three-member board) within 20 days; the next step is Superior Court (within 20 days), and then a discretionary appeal to the Court of Appeals (within 30 days). |
| 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. |
Where to get help in Georgia
More Georgia workers' compensation
- Filing a Workers' Comp Claim in Georgia
- How Much Workers' Comp Pays in Georgia
- Workers' Comp Settlements in Georgia
- Retaliation for Filing Workers' Comp in Georgia
- Suing Over a Work Injury in Georgia
- All Georgia workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in Georgia?
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.
How do you appeal a denied workers' comp claim in Georgia?
After a WC-14 hearing request, an Administrative Law Judge decides the claim, usually at a hearing held within 60 days, in or near the county where the injury happened. The ALJ's award can be appealed to the Board's Appellate Division (three-member board) within 20 days; the next step is Superior Court (within 20 days), and then a discretionary appeal to the Court of Appeals (within 30 days).
What is the deadline to file a workers' comp claim in Georgia?
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.
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.