2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 9 - Workers' Compensation
Article 3 - Procedure
Part 1 - Claims and Notice of Accident
§ 34-9-80. Procedure for Giving Notice of Accident; Requirements of Written Notice; Effect of Failure to Give Notice

Every injured employee or his representative shall, immediately on the occurrence of any accident or as soon thereafter as practicable, give or cause to be given to the employer, his agent, representative, or foreman, or the immediate superior of the injured employee a notice of the accident. This notice shall be given by the employee either in person or by his representative, and until such notice is given the employee shall not be entitled to any physician's fees nor to any compensation which may have accrued under the terms of this chapter prior to the giving of such notice. In the event that, within 30 days after the accident, neither the employee nor his representative has given a notice in person to the employer, his agent, representative, or foreman, or to the immediate superior of the injured employee, a written notice must be given. This written notice will not be required where an injured employee or his representative has given notice in person to the employer, his agent, representative, or foreman, or to the immediate superior of the injured employee. No compensation will be payable unless such notice, either oral or written, is given within 30 days after the occurrence of an accident or within 30 days after death resulting from an accident unless it can be shown that the employee had been prevented from doing so by reason of physical or mental incapacity, or by fraud or deceit, or that the employer, his agent, representative, or foreman, or the immediate superior of the injured employee had knowledge of the accident, or unless a reasonable excuse is made to the satisfaction of the board for not giving such notice and it is reasonably proved to the satisfaction of the board that the employer had not been prejudiced thereby.

(Ga. L. 1920, p. 167, §§ 23, 24; Ga. L. 1923, p. 92, §§ 1, 2; Code 1933, § 114-303.)

- For article discussing injury as a result of aggravation, see 14 Ga. St. B. J. 135 (1978). For annual survey of workers' compensation, see 38 Mercer L. Rev. 431 (1986).

ANALYSIS

• General Consideration
• Notice
• A. Notice Insufficient
• B. Notice Sufficient
• Reasonable Excuse

RESEARCH REFERENCES

Am. Jur. 2d.

- 82 Am. Jur. 2d, Workers' Compensation, §§ 490, 497 et seq., 602.

- 100 C.J.S., Workers' Compensation, § 986 et seq.

- Injury to muscles or nerves attributable to occupation, but not due to a sudden event, as within Workmen's Compensation Act, 29 A.L.R. 510.

Accident and disability insurance: when insured deemed to be totally and continuously unable to transact all business duties, 37 A.L.R. 151.

Workmen's compensation: duty of injured employee to submit to an examination, 41 A.L.R. 866.

Requirement of Workmen's Compensation Act as to notice of accident or injury, 78 A.L.R. 1232; 92 A.L.R. 505; 107 A.L.R. 816; 145 A.L.R. 1263.

May notice of injury or claim contemplated by Workmen's Compensation Act be waived, 78 A.L.R. 1306.

Construction and application of provisions of workmen's compensation acts regarding allowance for aggravation of injury from same accident after time limited for filing claim, 105 A.L.R. 971.

Workmen's compensation: date of accident or date when injury becomes manifest as time from which period for filing claim commences to run, 108 A.L.R. 316.

Workers' compensation: compensability of injuries incurred traveling to or from medical treatment of earlier compensable injury, 83 A.L.R.4th 110.