Georgia Workers’ Compensation – Notice of Injury

Posted by Hunter Delashmit | Jun 23, 2023 | 0 Comments

The burden is on the injured worker to prove that the injured worker provided timely, proper, and sufficient notice, either personally or through a representative, to the employer in bringing a workers' compensation claim in Georgia. Schwartz v. Greenbaum, 138 Ga. App. 695 (1976); Mallory v. American Cas. Co., 116 Ga. App. 477 (1967).

Under O.C.G.A. § 34-9-80, the injured worker must give the employer notice of injury no later than 30 days after the occurrence of the accident. The substance of the notice must inform the employer that the injured worker's injury is related to the injured worker's employment. An injured worker merely advising the employer that he or she is experiencing pain without any indication of a possible connection to the injured workers' work activities is likely insufficient notice of injury. William L. Bonnell Co. v. McKoon, 184 Ga. App. 516 (1987).

Failure to provide timely, proper, and sufficient notice of injury may bar an injured worker's claim for workers' compensation (indemnity) benefits, unless the Administrative Law Judge finds that the injured worker is excused from the failure to provide timely, proper, and sufficient notice under one of the statutory excuses included in O.C.G.A. § 34-9-80.

About the Author

Hunter Delashmit

Hunter Delashmit is a seasoned trial attorney who lives in Cartersville, Georgia with his wife and their pit-husky mix, Dobby. After graduating from The University of Tennessee College of Law, Hunter has gained extensive experience through litigating cases in administrative, state, and federal co...

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