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Can I File a Workers’ Compensation Claim in Georgia?3 minute read

Most people do not know where they can file a workers’ compensation claim when they are injured.  They just start receiving medical treatment.  If their injuries keep them from returning to work, they should start receiving temporary total disability benefits.  However, each state has different workers’ compensation laws.  These differences can drastically affect the benefits you receive.  So, what determines which state’s law will apply to your workers’ compensation case?

What determines where a workers’ compensation claim is filed?

If your employer and their insurance company agree you got hurt on the job, they usually choose the state where your claim is initially handled.  However, you may be able to file your claim in a different state from the one they have chosen. You can file your claim in a particular state or change the state where your claim was filed if the courts in that state have jurisdiction over your claim.  Jurisdiction basically means that the courts have been granted the power to hear and decide your case.  It usually requires that there is a certain connection between that state and your case.

When can I file a workers compensation claim in Georgia?

In Georgia, workers’ compensation claims are decided by the Georgia State Board of Workers’ Compensation.  This state agency has been given jurisdiction in certain workers’ compensation cases.  The most common situation where the Georgia State Board of Workers’ Compensation has jurisdiction is when your injury occurs in Georgia.  If your injury at work occurs in Georgia, there is almost never a problem with you having the ability to file a workers’ compensation claim in Georgia because the injury is your connection to Georgia.

What if my work injury happened in another state?

The Georgia State Board of Workers’ Compensation also has jurisdiction in some situations when you are injured in another state.  In this situation, your workers’ compensation claim can still be filed in Georgia if

  1. Your employment contract was made in Georgia;
  2. You live in Georgia or your employer’s place of business is in Georgia; and
  3. You were not hired to do work exclusively outside of Georgia.

So, if you were hired in Georgia, live in Georgia, and did some work in Georgia, then you can file your claim in Georgia regardless of where you were actually injured.  It is important to remember that you must be able to prove all three of these things for there to be Georgia jurisdiction in an out of state accident.  Living in Georgia and being hired in Georgia are not enough.  You also have to show that you were not working exclusively outside of Georgia.

Even if you were not hired in Georgia, you may still be able to file a claim in Georgia if the principle locality of your employment was in Georgia.  Basically, this phrase means that you primarily worked in Georgia.  Like other laws about jurisdiction, the particular details of your employment will be very important in deciding where the principle locality of your employment was.

If I have a choice about where to file my claim, how do I decide where to file?

If you do have the ability to file your claim in Georgia and some other state, you need to figure out what the best option for you is.  You will certainly want to understand how the laws in the different states would probably affect your case.  The specific facts of your case will matter a lot in determining which state’s workers’ compensation laws will be best for your case.  We recommend that you talk to attorneys who specialize in workers’ compensation to determine what state will be best for your case.  We have three attorneys at our law firm that specialize in Georgia workers’ compensation cases.  If you would like a free consultation with one of them, you can simply complete the “Need Help” form or call the phone number on the right side of this page.

What if I have other questions about workers compensation?

Georgia’s workers compensation system can be very confusing.  You have to worry about getting the treatment you need and paying your bills while also worrying about not missing any deadlines that could cause you to lose your right to receive workers compensation benefits.

If you have questions, I would recommend that you try to get answers.  To find out more about how to schedule a time to talk to me about your workers compensation questions, just read this short article.

Jason Perkins is an attorney who specializes in representing injured workers.  He regularly publishes videos and write blog articles about Georgia’s workers compensation system and issues that are important to injured workers and their families.

To be notified of Jason’s new workers compensation videos, subscribe to his Georgia Workers Compensation Video Series channel on YouTube by clicking the subscribe button below.

Brittney-lee orourkeBrittney-lee orourke
05:23 18 Feb 22
Amazing! Jason and his team were very helpful and had the best communication by far. Walked me though every step with great detail and had answers for any question I had. They handled my case better then I could imagine, it was a weird case and they stayed on top of it and kept me updated every step of the way! Highly recommend this Team! Thanks so much to Jason and his Awesome team!-Brittney
China JonesChina Jones
18:58 08 Feb 22
I absolutely love this group of attorneys, when I was at my lowest they did everything they could to help me get justice for my injury. I believe if I were to have never picked my phone up and called the amazing group that helped me I definitely would not have received my idea of rights. If you have an issue and are just not sure please understand that they will help you, stay in contact, answer any question you have, and for sure get you the justice you deserve I thank them from the bottom of my heart and I will definitely refer them to anyone who has been hurt because they most definitely care about their work and clients.
Luv LocsLuv Locs
16:08 15 Jan 22
The entire law office was attentive and responsive to all of my concerns dealing with my workers compensation case.
moombimoombi
21:14 02 Jan 22
If you must get a lawyer involved, you’d do well to work with Jason Perkins and his team at Perkins Studdard Law.They were thorough in gathering information and in sharing all the steps in the workers comp process specific to my case. Jason and the team were responsive to my bevy of questions and concerns.I appreciated the informative videos and consultations provided by Jason over video meetings and multiple phone calls.I hope I’m never injured on the job again. However, if I am and if my employer responds as my previous employer did, I’ll contact Perkins Studdard Law immediately to handle the case.
Dana BessDana Bess
23:57 10 Dec 21
Everyone at Perkins Studdard was kind and professional. They were always extremely responsive and answered all questions that I had and followed up to make sure I had an understanding of what was going on along with emailing videos to explain every step of my case so I would know what to expect and be prepared. Jason is a very genuine person and I trusted him with my case. He answered so many questions for me even before I retained him as my WC lawyer. I highly recommend him and his associates at Perkins Studdard.
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