Is It Too Late to File a Workers’ Compensation Claim?

The statute of limitations governs whether a claim for benefits after a work injury can be denied because it was filed too late. Georgia law provides only a one year, calculated from the date of last medical treatment, in which to file a request for hearing in a workers’ compensation claim if medical treatment has been provided by the employer or the insurance company. If weekly benefits have been paid, the Georgia Workers’ Compensation Act allows up to two years after benefits have stopped to file a request for hearing.

O.C.G.A. Section 34-9-82 entitled “Limitations on right to compensation” states:

(a) The right to compensation shall be barred unless a claim therefor is filed within one year after injury, except that if payment of weekly benefits has been made or remedial treatment has been furnished by the employer on account of the injury the claim may be filed within one year after the date of the last remedial treatment furnished by the employer or within two years after the date of the last payment of weekly benefits.

(b) The right to compensation for death shall be barred unless a claim therefor is filed within one year after the death of the employee.

(c) The claim shall be filed with the board and should contain such information as may be prescribed by rule or regulation of the board.

(d) The filing of any claim for injury or death under this chapter with any of the board’s offices throughout the state shall be deemed proper filing with the board.

While you should always report your on the job injury to your supervisor as soon as it happens, there are other time-sensitive hurdles you may face later in the claim. It may be best to get help from a Georgia workers’ compensation attorney if you need help with your claim, whether it’s dealing with the claims adjuster or deciding whether to file a request for hearing.

If you have questions concerning time limitations in your workers compensation claim, contact The Law Offices of T. Andrew Miller today!

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