Home > Articles >

Deadlines in your workers' compensation case.

Last modified: Dec 12 2020

There are strict time limits about how long you can wait to file a workers' comp claim. If you wait, you can lose your rights.

Are You Running Out of Time to File Your Claim?

Workers compensation laws are intended to help injured workers, but if you don’t follow the rules your claim may be denied.

Notice requirement

An employee generally has 30 days from the date of injury to notify his supervisor that they have sustained a workers‘ compensation injury. If you report the injury, you are entitled to certain benefits.

When is it too late to file a claim?

A statute of limitations is a law that sets the maximum time that parties have to initiate legal proceedings. This time can vary depending on the facts of your case.

If your Employer completely drops the ball

If your employer never pays you anything for lost income and never pays for any medical treatment, you only have one year from the date of your accident to file your claim.

If your employer pays for medical treatment, the deadline can be extended

If the employer/insurance company has provided you with treatment for your on the job accident, then you have one year from the last treatment to file a claim for workers compensation.

If your employer pays you a weekly check, the deadline is two years for resumption of your benefits

If you receive payments for lost income benefits (known as "temporary total disability"), then you have two years from the payment of the last check.

Sometimes an employer will pay you lost income benefits, otherwise known as TTD, but you will lose those benefits because your condition improved or you went back to work. If your condition changes for the worse, then you may restart your TTD benefits, but you only have two years from the last time you received a TTD check. In that situation, you will still be entitled to medical benefits, but you lose the right to get compensated for your time out of work.

You should not wait to contact a lawyer.

These statute of limitations problems can be very technical and can kill your case. Its not uncommon for the insurance adjuster to string you along with the promise of a settlement, but really they are just waiting for the statute of limitations to run. You only have 400 weeks to receive compensation for your medical costs.

How do you stop the deadlines from running in your case?

You preserve your claim by filing a Board Form WC-14 with the state Board of workers Compensation.

Read this article to find out how a workers' compensation claim is filed.
Elliot Bourne Workers' Comp Lawyer

Get a FREE consult in JUST minutes!

Workers' Comp Blog Bourne Law Wins Victory at Georgia Supreme Court

Lunch breaks are now covered under Georgia Workers' Comp.

Posted on 28 February
Workers' Comp Blog How to hire a workers' compensation lawyer.

This article is designed to give you the knowledge you need to choose the best lawyer for your workers' compensation case.