Is There a Timeline for Filing a Workers’ Comp Claim?

Editorial Team

Filing a Workers' Comp Claim?

Under section 34-9-1 of the Georgia Workers’ Compensation Act,  employees injured while on the job in Georgia are entitled to workers’ compensation benefits, according to the workers comp lawyer Nathaniel F. Hansford. Nonetheless, if you have been injured while at work, be sure to pursue the workers’ comp benefits you are entitled to without delay or the statute of limitation will bar you.

Georgia’s Statute of Limitation for Workers’ Comp Claims

A statute of limitation is a law that restricts the deadline within which a legal proceeding can be brought. In Georgia, the statute of limitation for workers’ comp claims is referred to in section 34-9-82(a) of the Official Code of Georgia Annotated. That states that if you were injured in Georgia, you have one year from the date of the injury to file a claim for benefits, or else your right to compensation will be forfeited. The same applies to filing for workers’ compensation death benefits (if a loved one dies from a work injury).

Under certain circumstances, the one-year timeframe can be extended. Suppose that, as an injured employee, you have received weekly income benefits or remedial care for the work-related injury. Then, you have two years from the date that the last remedial treatment was furnished or the last weekly benefit was paid.

In addition, if you are interested in preserving your rights to workers’ comp benefits, you must be aware that the law requires you to report your injury as soon as possible. So, you must report your work-related injury to your employer within 30 days to avoid losing your right to receive workers’ comp benefits.

Change in Condition Statute of Limitations in Georgia

Another critical statute of limitations in Georgia workers’ compensation claims refers to your disability benefits and when you stop receiving them. Under workers’ comp, you can receive temporary total disability (TTD) benefits if your injury prevents you from working for at least seven days. These benefits are two-thirds of your weekly wage before your injury and are capped at $675 per week for up to 400 weeks.

Separately, temporary partial disability (TPD) benefits are provided when you can continue working after an injury, yet at a lower capacity making less money. Such benefits are equivalent to two-thirds of the difference between your former weekly wage and what you can now earn, which are capped at $450 per week and up to 350 weeks.

The same applies if you have lost a loved one to a work-related injury or illness, as you will be entitled to receive two-thirds of the deceased’s average weekly wage or a minimum of $575 per week.

If you have suffered an injury on the job in Georgia, it is critical to not delay in pursuing the workers’ comp benefits you are entitled to. If you believe you are eligible to pursue workers’ compensation benefits, having a skilled workers’ comp lawyer on your side can relieve stress. Because time goes exceptionally quickly in a workers’ comp case, an attorney can help you file your claim and get you the compensation you deserve.