A workers’ compensation lawyer in metro Atlanta recently asked me to represent his client during oral arguments given to the appellate level of the State Board of Workers’ Compensation. The issue was whether or not adequate notice was given after an injury at work in Atlanta.
Believe it or not, an appellate court in Georgia has held that, even when an injured worker told her employer that her back injury was not related to work, when she later determined through her doctor that did have a back injury related to work, she was able to win her case despite her boss’s attempt to use an inadequate notice defense.
Basically, adequate notice to an employer just has to give your employer the opportunity to investigate your injury to see if it’s related to your job or not–you don’t have to report that you’ve had an injury that arose out of, and in the course of, your employment. Just letting your supervisor know you are injured can be adequate. For more nuances in the law regarding a “notice defense” in Georgia, feel free to contact my Atlanta “workmen’s comp” law firm.