The Georgia Legislature recognized that when workers are injured on-the-job, they are entitled not only to receive adequate compensation, but also to obtain those benefits in a timely manner. In order to give employers incentive to comply, lawmakers passed a provision of OCGA 34-9-221 that allows for injured employees to seek the imposition of statutory penalties for late benefits payments.
Specifically, the law states benefits must be paid weekly, with the first becoming due on the 21st day after employer has knowledge of injury or death and has to be paid via electronic transfer. Payments that are not paid when due automatically accrue a 15 percent late penalty. Payments that are more than 20 days late accrue a 20 percent late fee.
These late penalties are payable not to the state but directly to the injured worker. However, that injured worker needs to file a claim for benefits, and it helps to have an experienced workers' compensation lawyer. Also, it's important to make those claims within a timely fashion. Otherwise, as the recent case of Marta v. Reid illustrates, the opportunity may be forever lost.