Workers compensation attorneys are often asked what are the statute of limitations. Injured workers are allotted a certain time in which to file a claim or receive workers’ compensation benefits.
In Georgia, there are four main workers’ compensation statutes of limitations that could bar an injured worker from filing a claim or receiving benefits. But there are circumstances that may allow workers to get around these time limitations.
First, Tell Your Employer about Your Work Injury
The first time limitation injured workers face is the requirement to report an injury to the employer. Georgia requires that injured workers report their injuries to their employers within 30 days.
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All-Issues Statute of Limitations
The “all-issues” statute of limitations refers to actually filing a claim before the worker has received medical or income benefits. Injured workers must file their claim within a year of the accident or disability.
If the worker received medical care that the employer paid for, then the worker must file a claim within a year of the date the worker last received treatment. And if you continued to work after the accident, but had to quit because of your worsening symptoms, you must file the claim within a year of the date you stopped working.
Injured workers must file a Form WC-14 and serve a copy upon the employer and its workers’ compensation insurance carrier.
Change of Condition Statute of Limitations
This statute of limitations applies if you already filed your claim, but your condition worsened since that time. In this case, you could seek recommencement of your income benefits based on a “change of condition.” You must do this within two years of the last date temporary total disability benefits or temporary partial disability benefits was “actually made.”
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Permanent Partial Disability Statute of Limitations
If your condition causes permanent impairment, you can apply for permanent partial disability benefits. However, a good workers compensation attorney knows that you must do so within four years of the last date that temporary total disability benefits or temporary partial disability benefits was “actually made.”
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Death Benefits Statute of Limitations
Finally, if you lost a loved one to a work-related accident or condition, then you can apply for death benefits. You must make any claim for death benefits within a year after the worker’s death.
You May Nullify or Toll the Statute of Limitations
There are circumstances where a worker may nullify the statute of limitations or toll it (delay it). Bader Scott Injury Lawyers and our workers compensation attorneys will go over whether any of these circumstances apply:
- Showing the employer or insurer made a false or misrepresentation to the employee;
- Showing the employer or insurer assured the employee that it would pay benefits; and
- Showing the injured employee was incompetent to file the claim.
Contact us at (404) 888-8888 and speak with a workers compensation attorney today. We’ll help you file on time and explore any options to nullify or toll the statute of limitations if necessary.
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