What is the statute of limitations for workers’ compensation in Georgia
If you get hurt on the job in Georgia, you might qualify for workers’ compensation benefits. To get those benefits, you must file a workers’ compensation claim – usually within one year after the injury accident. But there are some exceptions to this standard one-year deadline.
At R. Alan Cleveland, LLC, our Georgia workers’ compensation lawyers understand how frustrating and confusing the workers’ compensation system can be. But you don’t have to face it alone. We’re here to remove the guesswork from your situation and demand the benefits you are owed promptly. That way, you can focus on the things that matter most – like your recovery.
Contact us for a free consultation to learn about Georgia workers’ comp filing deadlines.
How Soon Must I Notify My Employer of My Injury?
Contents
- 1 How Soon Must I Notify My Employer of My Injury?
- 2 Are There Exceptions to the One-Year Worker’s Comp Statute of Limitations?
- 3 What Is the Change of Conditions Statute of Limitations?
- 4 Is There a Statute of Limitations for Filing for Medical Payment or Mileage Reimbursement?
- 5 How Long Will Workers’ Comp Payments Be Paid?
- 6 How Much Will Georgia Workers’ Compensation Pay?
- 7 Contact a Georgia Workers’ Compensation Lawyer
If you get hurt on the job in Georgia, you must notify your employer or their representative as soon as possible following the incident. However, you must notify them within 30 days at the latest. If you fail to provide this initial notice, you may lose your right to benefits.
There are some exceptions to this 30-day rule. These exceptions include if you are physically or mentally incapacitated, you’re the victim of fraud or deceit, or your employer already knew about the accident.
If neither you nor your representative provides this notice in person within 30 days of the incident, you must submit a written notice to your employer. If you or your representative provide notice in person within 30 days, it does not need to be in writing. However, preparing a written notice and keeping a copy on file for your records is always wise.
Are There Exceptions to the One-Year Worker’s Comp Statute of Limitations?
You typically have one year from the date of a workplace injury accident to file a workers’ compensation claim seeking benefits. However, there are certain exceptions to this standard time limit:
- After remedial treatment payments – If your employer has paid for remedial treatment for your injury, your time frame for a claim extends. In such cases, you can file within one year of the last remedial treatment your employer paid for.
- After weekly benefits payments – If your employer has made a weekly benefits payment, you have up to two years after your last weekly benefits payment to file a workers’ comp claim.
- Fatal accidents – In the case of an employee’s death, surviving family members have one year from the employee’s death to file a claim for benefits.
What Is the Change of Conditions Statute of Limitations?
In the context of a workers’ compensation claim, a “change in condition” is any change in an employee’s wage-earning capacity, physical condition, or status.
The State Board of Workers’ Compensation (SBWC) has the authority to modify a prior decision due to a change in condition that ends, decreases, or increases benefits eligibility. However, there are some key time constraints to change in conditions claims:
- You have two years from the last payment of income benefits to request a modification of a prior decision not based on a settlement.
- If you seek only permanent partial disability benefits, you have four years from the last payment of income benefits to act.
Any decision regarding a change in condition can have retroactive effects. This means the order or award in a final decision will be effective from the time the change in condition was identified, no matter when the order is given.
Is There a Statute of Limitations for Filing for Medical Payment or Mileage Reimbursement?
Claims for medical benefits and other out-of-pocket expenses like mileage must be submitted within a year of the service or incurring the expense. While the claim is ongoing, medical benefits must be paid within 30 days of submission. Any mileage or other reimbursement to the injured worker must be paid within 15 days.
How Long Will Workers’ Comp Payments Be Paid?
The duration of your workers’ comp benefits will depend on several factors, including the type and severity of the injury and your capacity to return to work. Here are some general guidelines:
- Temporary total disability (TTD) – TTD benefits usually last up to 400 weeks unless the injury is catastrophic. In that case, benefits can continue as long as the disability exists.
- Temporary partial disability (TPD) – TPD benefits are generally capped at 350 weeks.
- Permanent partial disability (PPD) – The duration of PPD benefits varies based on the affected body part and a medical rating from a physician.
- Death benefits – The duration of death benefit payments varies but often includes compensation for funeral expenses and weekly income replacement benefits for a specific period.
How Much Will Georgia Workers’ Compensation Pay?
Georgia workers’ compensation payments vary based on the type of injury or disability and the injured worker’s average weekly wage:
- Medical benefits – All authorized medical expenses and mileage for medical appointments should be covered.
- Temporary total disability benefits – TTD benefits usually pay two-thirds of your average weekly wage, up to a state-set maximum.
- Temporary partial disability benefits –TPD benefits cover two-thirds of the difference between your pre- and post-injury earnings, also capped at a state-set maximum.
- Permanent partial disability benefits – PPD payments depend on a disability rating from a physician and the body part affected.
- Death benefits – Death benefits are also based on the deceased worker’s average weekly wage.
Contact a Georgia Workers’ Compensation Lawyer
Have questions about your rights as a Georgia worker? Get in touch with the dedicated legal team at R. Alan Cleveland, LLC. We can address your concerns and handle your claim accurately and efficiently. And because we provide our personal cell numbers to all clients, you can rest assured you’ll have the support you deserve every step of the way.
Contact us now for your free initial consultation to learn more.
An Athens resident Alan Cleveland grew up in Rockdale County. As a founding partner of the personal injury law firm of R. Alan Cleveland, LLC he proudly serves his community and provides skilled representation to injury victims and their families all around Georgia. Alan earned his undergraduate degree from the University of Georgia and went on to graduate, summa cum laude, from Atlanta’s John Marshall Law School. He is also a graduate of Gerry Spence’s renowned Trial Lawyers College (TLC) in Wyoming. In his free time, Alan frequently speaks at continuing legal education seminars. He also volunteered as a youth baseball coach and assists with Georgia’s high school moot court competition held annually. Alan serves as a Trustee of Historic Athens and is a member of the Development Authority of the Unified Government of Athens-Clarke County.
