If you suffered a workplace injury in Georgia, you may be entitled to workers’ compensation benefits. These no-fault benefits are provided by most employers in the state and cover the costs of necessary medical care to injured workers. Workers’ compensation also provides eligible employees with wage replacement and disability benefits while they heal.
While worker’s compensation is available regardless of fault, injured employees only have a limited amount of time to apply for benefits. This deadline is called the statute of limitations. Fail to file on time, and you could forfeit your rights to valuable workers’ compensation benefits that you would otherwise be entitled to.
Questions about how to file a workers’ comp claim in Georgia? Talk to an experienced attorney at the Law Offices of William F. Underwood, III, P.C. We can explain how the statute of limitations applies to your case and assist with the application process. Call or contact us today for a free consultation with a Georgia workers’ compensation lawyer.
What Is a Statute of Limitations?
A statute of limitations is a law that sets maximum time limits for taking certain kinds of legal action. Within each state, the statute of limitations deadlines can vary considerably for different lawsuits and legal claims. This includes criminal cases, personal injury lawsuits, workers’ compensation claims, and more.
What Is the Statute of Limitations for Workers’ Comp Claims in Georgia?
The statute of limitations for Georgia workers’ comp claims is generally one year. To receive benefits after a work-related injury, you must file your claim within one year of the date of the accident. However, this is not the only time limit you must observe. There are other deadlines you need to know, including:
- Notifying the employer of your injury – You must report a work-related injury to your employer within 30 days or risk losing your right to claim benefits. You can fulfill this requirement by informing your boss, manager, foreman, or supervisor of the injury. It’s best to notify them in writing and keep a copy of the notice for your records.
- If your employer fails to provide benefits – If you notify your employer of a work-related injury and they fail to provide you with appropriate medical treatment or wage-loss benefits, you have one year to file a claim with Georgia’s State Board of Workers’ Compensation.
- When you undergo a significant change in your condition – If your medical condition changes after you stopped receiving temporary partial or total disability benefits, you have two years from the date when your benefits stopped to file a claim for additional benefits.
- When a worker dies as a result of a work-related injury – If someone you love has died due to a work-related injury or illness, you have one year from the date of their death to file a claim for death benefits.
The one-year deadline may be extended if your employer or its workers’ compensation insurer already paid for your medical treatment or provided wage-loss benefits. In these cases, employees have one year from the date of the last medical treatment or two years from the last payment of weekly income benefits. It’s a good idea to speak with a workers’ comp lawyer in Georgia to ensure you comply with the relevant deadlines in your case.
What Happens If the Statute of Limitations Expires?
If the workers’ compensation statute of limitations has expired, you likely lose the right to file a claim. If you try to do so anyway, the SWBC will usually have no choice but to deny your claim.
However, you may be granted an exception if you failed to report a work-related injury within 30 days. Working with a knowledgeable attorney is the best way to ensure your workers’ comp claim is filed on time and free of errors. Our Georgia lawyers can review your case in a free initial consultation and help you formulate a strategy to resolve your claim as soon as possible.
How Can a Georgia Workers’ Comp Lawyer Help?
If you were injured in a work-related accident, a Georgia workers’ compensation lawyer can assist you in all parts of the application process. At the Law Offices of William F. Underwood, III, P.C., we will:
- Gather evidence, such as medical records and physicians’ opinions, to support your workers’ compensation claim
- Get testimony from experts, such as accident reconstruction specialists and vocational experts, to explain how the accident happened and its impact on your life
- Negotiate with your employer’s workers’ comp insurance provider to reach a fair settlement on your behalf
- Represent you in a workers’ compensation hearing or trial if you decide to appeal a decision
- Determine whether you are entitled to additional compensation from third-party claims or government benefits programs
Contact a Georgia Workers’ Compensation Attorney Today
If you have suffered a work-related injury or illness, a workers’ compensation attorney at the Law Offices of William F. Underwood, III, P.C. can help. Call or contact us today for a free consultation.
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