People suffering an injury in a workplace accident in Georgia typically get medical treatment and file a claim for workers' compensation benefits as soon as possible. For some types of work-related injuries, illness or disability, however, some time may pass before the injured worker determines that he or she is unable to continue to work because of the disability.
Georgia Workers' Compensation Time Limits
Depending upon the type of workplace accident claims benefits you are filing for, the time limits are typically as follows:
- Reporting to employer: An injured employee or his/her representative (commonly referred to as the "claimant") must give the employer (or the employer's representative, agent or even the injured employee's own supervisor) notice of the injury "immediately on the occurrence of any accident or as soon thereafter as practicable," but in no event later than "thirty days after the occurrence of an accident or within thirty days after death resulting from an accident." OCGA § 34-9-80. Failure to provide timely, proper and sufficient notice of injury to your employer can result in the denial of your claim.
- Filing for medical benefits: You must file with the State Board of Workers' Compensation within one year of the date of your injury.
- Filing for full or partial temporary disability payments: You must file for permanent or partial disability income payments within one year of the date you received your last medical treatment provided by the employer/insurer.
- Filing for a change of condition: If your condition changes from temporary disability to permanent partial or total disability, you must file a change of condition with the State Board of Workers' Compensation within two years of receiving your last income payment.
- Filing for permanent partial disability: You must file within four years of your last payment for temporary disability income benefits.
DISCLAIMER: The general information outlined above pertains to Georgia Workers' Compensation Claims and is not intended as legal advice in your particular case. Every case is different and depends upon its own individual facts and circumstances. Therefore, you cannot rely upon this information as legal advice and should contact an attorney at Chris Hudson & Associates for specific advice about your particular case.