Available 24/7 | En Español

How Long Does an Employee Have to Report a Work Injury?

Workplace injuries are common in every industry. After experiencing a significant injury on the job site, you may be too busy dealing with recovering from your trauma to put energy toward meeting legal deadlines. But these looming deadlines could mean the difference between getting fair compensation and having your claim denied. 

If you are filing for workers comp benefits, you need to be conscious of critical time constraints like statutes of limitations. Failure to follow these time limits may cause you to forfeit your ability to get compensation for the full extent of your injuries.

Whether you’re filing for temporary or permanent disability — or a loved one’s untimely workplace fatality — you deserve representation from attorneys who have experience winning workers’ comp cases. Contact Farah & Farah today for your free, no-obligation case review. 

Workers’ Comp Statute of Limitations

A statute of limitations refers to the maximum time you have to set legal proceedings in motion. The statute of limitations changes depending on the state and the type of claim being filed. While there is a difference in cut off points between Georgia and Florida, failure to fulfill the appropriate requirements in both states will put you at risk of losing your ability to file for benefits.

Florida Statute of Limitations

Florida statute of limitations guidelines state that you have 30 days after an accident or your doctor’s diagnosis to file for workers’ compensation. Your employer has seven days to file your claim with their insurance provider. If your claim is denied, you have two years to file a petition of benefits with the Employment Benefits Office. After that, you can continue to file for benefits from the Office of Judges of Compensation Claim.

If your employer fails or refuses to report your injury to the insurance company, you can report it to the state Division of Workers’ Compensation

Keep in mind these are intended as guidelines. Depending on the extent of your injury, there may be exceptions to these rules. Hiring an attorney with experience in workers’ comp can help you navigate tight deadlines and secure your case. 

Georgia Statute of Limitations

There are three separate deadlines that Georgia law considers for workers’ comp eligibility: 

  • You have one year after the injury to file for workers’ comp claims.
  • Injured workers who are already receiving temporary, total, or partial disability benefits, have two years from the date the benefits expire to file their workers’ comp claim.
  • After medical treatment is complete, the injured person has a window of one year to submit the bill to their employer. This also applies to people seeking reimbursements for travel to their medical appointments.

Please note there are some exceptions to this timeline, like death or other mitigating circumstances. That said, it’s better to err on the side of safety and get your claim submitted before the one year mark.

If your claim is denied, you can start a formal appeal process with the Georgia State Board of Workers’ Compensation. After hearing your case and making their ruling, you can still appeal their decision to a judge. And if you are unsatisfied with their verdict, you have the right to continue to appeal your claim.  

Employers who do not file your injury reports with the Georgia State Board of Workers’ Compensation can face financial penalties for each instance. Contact the Georgia State Board of Workers’ Compensation to report these offenses. 

There is a mountain of paperwork to keep track of in a worker’s comp case. Hiring an experienced Georgia workers’ compensation attorney can help streamline these deadlines.  

Serving Injured Workers in Florida and Georgia

After an on-the-job injury, you may be dealing with the challenges recovering from your accident, missing work, and mounting debt. Many people feel like they are scrambling to get their lives on the right track after an accident, and it can be hard to keep track of important deadlines. Getting the justice you deserve starts with meeting these deadlines, and an experienced Florida workers’ comp attorneys and Georgia workers’ comp attorneys can help you file a claim.

If you or a loved one has experienced an on-the-job injury, you deserve to have a winning team on your side. Hiring an attorney with a proven track record can improve your chances of securing a successful outcome. Contact Farah & Farah today for your free, no-obligation case review.

Free Case Review
  • This field is for validation purposes and should be left unchanged.
Other Personal Injury FAQs
Curved arrow
contact us today text