What Are the Statute of Limitations for Workers’ Compensation in Georgia?

In most cases, the statute of limitations for workers’ compensation in Georgia is one year from the date of the work accident. However, there are situations where you have additional deadlines to keep track of regarding workers’ comp benefits.

If you do not file your workers’ compensation within the legal timeline, you will lose your chance at benefits. Recovering from a work injury without assistance can leave you without income for a long time.

Fortunately, an Atlanta workers’ compensation lawyer can keep track of all deadlines on your behalf. An attorney can also handle any questions you have about workers’ compensation laws and the benefits you can receive after an accident.

What’s the Statute of Limitations for Workers’ Compensation in Georgia

You typically have one year from your work accident to file a claim for workers’ compensation. Workers’ compensation is your right as an injured employee, but if you do not file for your benefits, you will not receive them.

Compared to personal injury cases, where you have two years from the date of the injury accident, one year is not long at all to file your claim. So, you will need to take action as soon as possible. While there are situations where you end up with more than a year to file, it’s best to assume you have less time.

So, what’s the statute of limitations for workers’ comp in Georgia? In most cases, it’s one year. 

The Main Georgia Workers’ Comp Statute of Limitations

Found under Georgia Code § 34-9-92, this statute of limitations is the primary type in workers’ compensation cases. It states that the legal system can bar your right to compensation unless you file your claim within one year of the date of injury.

There are some exceptions to the one-year timeline. The legal system may extend this deadline if your employer (or the insurance company providing your workers’ compensation):

• Pays for the medical care you receive or
• Pays you weekly temporary total, temporary partial, or permanent partial disability benefits

In the above situations, you must file your claim within one year of the last medical treatment your employer paid for or within two years of your last weekly income benefit payment date.

The above being said, it’s best to shoot for the one-year deadline (from the date of your work injury) to file your claim. Extensions can become complicated, and it’s better to be safe than sorry.

An Atlanta personal injury lawyer can help you secure compensation benefits and explain what the statute of limitations for workers’ comp in Georgia is. 

Time Limits for Fatal Workplace Accident Claims

A one-year limit generally applies to filing for workers’ compensation death benefits (if a loved one dies from a work injury). You may have a chance to file a claim for death benefits on behalf of a lost loved one if you act before the end of this one-year limitation period.

An Atlanta wrongful death lawyer can provide your family with compassionate assistance and more information during this challenging time.

Change in Condition Time Limitations in Georgia

Another vital statute of limitations in Georgia workers’ comp claims concerns your disability benefits and when you stop receiving them. The benefits referred to here are:

Temporary Total Disability (TTD)

Under workers’ compensation, you can receive total temporary disability benefits if your work injury prevents you from working for at least seven days. TTD benefits are two-thirds of the weekly wage you made before your injury (capped at $675 per week and for up to 400 weeks).

Temporary Partial Disability

You can get temporary partial disability (TPD) benefits when you can continue working after a work injury—but at a lower capacity, making less money. TPD benefits equal two-thirds of the difference between your former weekly wage and what you can now earn (capped at $450 per week and up to 350 weeks).

The “change in condition” statute of limitations begins when you stop receiving TTD or TPD benefits. You have two years from the date your benefits stop to request additional disability benefits. Otherwise, you will not be able to receive further benefits for that work injury.

It’s easy to overlook this statute of limitations because you are busy getting used to working again. However, it’s essential that you do not forget about it if you need further treatment even after returning to work. Having a Georgia workers’ compensation lawyer is the best way to make sure you keep track of this deadline.

Medical and Mileage Reimbursement Time Limitations

After receiving medical treatment for your work injury, you must submit the bill to your employer (or their workers’ comp insurance company) within one year of receiving the services (Georgia Code § 34-9-203). The same goes for mileage reimbursement for traveling to and from medical appointments.

After your employer and the insurance company receive your notice of the medical expense, they have 30 days to pay the charge. For mileage, they have 15 days from when you submit the expense to provide compensation.

Keeping track of medical bills and mileage can become tedious, especially if you have serious injuries that require a lot of treatment and doctor appointments. However, it is vital that you do not miss the deadline to submit them so you don’t miss out on compensation for your costs.

A Lawyer Can Track All Deadlines for You

Working with a workers’ compensation attorney in your area is a good way to ensure you are meeting all-time limitations. They can help you keep track of the statute of limitations and make sure your claim is as strong as possible after a work-related accident.

You should also:

• Report your work injury to your supervisor right away (and within 30 days of the date of the accident)
• File your workers’ comp claim with the Georgia State Board of Workers’ Compensation (SBWC)
• Send a copy of your claim to your employer and the workers’ comp insurance company
• See an authorized doctor as soon as possible, and follow all treatment instructions
• Keep track of all expenses and dates of treatment

Taking these steps after a work-related injury can make securing workers’ compensation benefits easier. You can learn more about time limits on your claim for benefits by reaching out to a legal professional for help.

An attorney can also bring you information about any additional benefits you may qualify to receive for a job-related injury.

Talk to a Georgia Workers’ Compensation Lawyer

What are the statute of limitations for workers’ compensation in Georgia? Generally, workers’ compensation laws only give you one year to apply for medical benefits after a workplace injury.

While you focus on recovering and returning to work, you’ll also need to keep up with the statute of limitations and all steps associated with your claim. Let our team at John Foy & Associates remove a lot of the stress by taking on your case for you.

We have been helping injured workers get the compensation they need for over 20 years. There’s no risk to working with us because we don’t get paid unless we win your case. Contact us online for a FREE consultation and case evaluation.