The number of workers' comp trials hit an all time low in Georgia

In 2024, there were only 242 workers’ compensation trials in the entire state of Georgia.

In the late 1980’s there were around 2,500 workers compensation trials in Georgia per year. Despite the fact that Georgia’s population has roughly doubled since then, the number of trials has declined by over 90%. Last year, in 2024, only 242 trial occured in the entire state of Georgia. The number of workers’ compensation trails has been steadily halfing every 5 to 10 years. For example, in 2012, there were 737 workers’ compensation trials in Georgia.

The trend is clear: fewer and fewer workers’ compensation cases are going to trial. There are approximately 15 administrative law judges at the State Board of Workers Compensation in the hearing division, which means that each judge is only hearing about 16 trials per year on average. This number is very low compared to some other states where a single administrative law judge may hear well over a hundred trials per year. This is a clear indication that the workers’ compensation system in Georgia is increasingly resolving disputes through settlements rather than through formal hearings. This raises an important question: why are so few workers’ compensation cases going to trial?

This trend may be due to various factors, including the long time period it takes to receive a workers’ compensation trial in Georgia and the difficulty of winning a case at trial. Since the early 1990’s, there have been a number of workers compensation “reforms” in Georgia that have made it more difficult for injured workers to receive benefits and has created a more favorable environment for employers and insurance companies. As a result, many injured workers may be choosing to settle their cases rather than risk going to trial and potentially receiving less compensation. It may be that systemic changes in the system over time are placeing more pressure on injured workers to settle their cases.

The workers’ compensation system was originally designed to provide speedy resolutions to workplace injury claims, but the reality is that many injured workers are now waiting over a year to have their cases decided by a judge. It is routine practice in Georgia workers’ compensation law for hearings to be reset over and over again, even when the claimant is ready to proceed. Moreover, there is no clear standard for when a hearing postponement is appropriate, and it is largely left in the discrection of the individual judge. When a hearing is delayed, it often pressures claimants to settle their cases rather than wait for a trial.

The severe decline in workers’ compensation hearings in this state, may also be because claimants and their attorneys are getting satisfactory results settling outside of the courtroom. The exact cause of the severe drop in workers’ compensation trials can be difficult to quantify, because Georgia does not publically publish detailed statistics, such as the average time for a hearing.

In conclusion, the declining number of workers’ compensation trials in Georgia is a clear trend that has been happening for several decades. It raises several concerns that the system may be failing injured workers. We would like to see more transparency in the system, including including more publically available statistics to show how our workers’ compensation system is functioning.

source: https://opb.georgia.gov/planning-and-evaluation/agency-performance-measures