Time Limits for Filing Workers’ Compensation Claims in Georgia

Under section 34-9-1 of the Georgia Workers’ Compensation Act most employees who are injured while on the job in Georgia are entitled to workers’ compensation benefits. However, if you were injured while working in Georgia, be sure to pursue the benefits that you are entitled to without delay in order to avoid being barred by the statute of limitation. This article provides a brief overview of the time limits associated with filing workers’ compensation claims in Georgia. If you think that you may be entitled to workers’ compensation benefits, be sure to consult with a local workers’ compensation attorney as soon as possible.

Georgia’s Statute of Limitation for Workers’ Compensation Claims

A statute of limitation is simply a law that restricts the timeframe within which a legal proceeding may be brought. In Georgia, the statute of limitation that applies to workers’ compensation claims is contained in section 34-9-82(a) of the Official Code of Georgia Annotated and states that an employee who is injured in Georgia has one year from the date of injury within which to file a claim for benefits, or else his or her right to compensation may be forfeited. However, under certain circumstances this timeframe can be extended. For example, if the injured employee received weekly income benefits or has received remedial care for the workplace related injury, then the employee has two years from the date that the last remedial treatment was furnished or the date that the last weekly benefit was paid within which to file a workers’ compensation claim.

Additionally, injured employees in Georgia who are interested in preserving their rights to workers’ compensation benefits should be aware that state law requires them to report their injury as soon as possible. Injured workers who fail to report their work-related injury within 30 days may lose their right to receive workers’ compensation benefits.

Workers’ Compensation and Death Benefits

If you lost a loved one to a work-related injury or illness in Georgia, be aware that you may be entitled to what is referred to as “death benefits” under our state’s workers’ compensation system. According to the State Board of Workers’ Compensation’s website, as of the time that this article was written, dependents of an employee who passes away due to a work-related injury are entitled to receive two-thirds of the deceased’s average weekly wage, or a maximum of $575 per week. Qualifying dependents include the deceased employee’s spouse, children, or dependent stepchildren. Qualifying dependents should pursue the death benefits that they are entitled to as soon as possible, as Georgia’s statute of limitation bars their right to compensation unless their claim is filed within one year of the employee’s death.

Do Not Forfeit Your Right to Compensation

If you were injured on the job in Georgia, do not delay in pursuing the workers’ compensation benefits that you are entitled to. Injured employees who believe that they may be entitled to workers’ compensation benefits in Georgia should contact the experienced workers’ compensation lawyers of the Angell Law Firm without delay. Call our Atlanta office today at (770) 217-4954 to schedule a free case evaluation.

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