Most workers’ compensation claims in Georgia must be filed within one year of the date of the injury.
If you think you may be entitled to benefits, it’s important to understand the Georgia workers’ compensation statute of limitations and the specific time limits that apply. Our Georgia workers’ compensation lawyers explain how the deadline may impact you and what you need to know to protect your right to the benefits you deserve.
Statute of Limitations in Georgia Workers’ Compensation Cases
A statute of limitations is a law that sets the maximum amount of time someone has to initiate a legal action. The Georgia workers’ compensation statute of limitations is one year from the date of the injury.
If you fail to file a claim within this one-year window, you will lose your right to pursue benefits for the injury.
Therefore, it is important to act quickly and seek legal advice as soon as you believe you may be entitled to workers’ compensation benefits. Call us today at (877) 245-6707 for more information on how our team can help.
Georgia Statute of Limitations for Occupational Diseases
The Georgia workers’ compensation statute of limitations generally applies only to injuries that can be clearly traced to a single event or incident. However, workers’ compensation benefits may also be available for illnesses caused by long-term exposure to hazardous conditions in the workplace. These cases are subject to a slightly different statute of limitations.
Georgia’s statute of limitations for occupational diseases is one year from the date of discovery. This means if you were disabled as a result of a workplace illness, you must file your workers’ compensation claim within one year of the date that you first became aware—or reasonably should have been aware—the illness was related to your job.
In no event can you file a claim more than seven years after the date of the last exposure to the hazard that caused the disease. However, if you were diagnosed with asbestosis or mesothelioma due to job-related asbestos exposure, you have the right to file a claim for up to one year from the date of the first disablement after your diagnosis.
Cases where the employee died as a result of the illness must be filed within one year of the date of death. However, this only applies if the statute of limitations did not already expire during the employee’s lifetime.
Other Deadlines To Consider in Your Georgia Workers’ Comp Claim
In addition to the statute of limitations, Georgia has deadlines for providing notice of an injury to your employer, filing a claim if your employer fails to provide benefits, reporting significant changes in your condition, and filing a death claim.
Notice of Injury to the Employer
The statute of limitations only applies to filing a claim for benefits. However, the state of Georgia also requires you to provide notice to your employer within 30 days of the date of injury. To meet this requirement, you will need to inform your employer, your immediate supervisor, or other authorized representative of the injury. It’s best to provide this notice in writing.
Employer’s Failure To Provide Benefits
If your employer denies your claim for benefits, you have the right to escalate the issue to the Georgia State Board of Workers’ Compensation. You must do this within one year from the date of your injury.
Reporting Significant Changes in Condition
In some cases, your condition may change after you have received workers’ compensation benefits. If this happens, you may be eligible to file a claim for additional benefits. The deadline to do so is two years from the date of the last payment of benefits.
Death of an Employee
If an employee dies as a result of their workplace injury, their surviving loved ones may be eligible for benefits through workers’ compensation. The deadline to file a claim in this case is one year from the date of death.
Possible Exceptions to the Statute of Limitations
The statute of limitations for Georgia workers’ compensation claims is usually a strict deadline. However, a few exceptions may allow you to extend the deadline for filing your claim or provide additional time for certain steps in the process.
For example, if your employer provided remedial medical treatment for your injury, the statute of limitations might be extended to within one year of the date you completed treatment. Likewise, if you received weekly benefit payments, you may be entitled to an additional two years from the date of the last payment to file a claim.
Contact Our Georgia Workers’ Compensation Lawyers for Help With Your Claim
Meeting the statute of limitations for a workers’ compensation claim in Georgia is critical to receiving the benefits you deserve. At Farah & Farah, we have deep knowledge of the workers’ compensation laws in Georgia and can help you understand the specific deadlines that apply to your case.
With over 40 years of experience fighting for injury victims across the state of Georgia, we’re uniquely qualified to help you understand your rights, navigate the claims process, and advocate for the benefits that you’re entitled to. If you’ve suffered a workplace accident or injury and need help to make sure you act before the deadline expires, don’t wait—call Farah & Farah at (877) 245-6707 or contact us online for your free initial case review.