Time Limits for Workers Comp Claims

Time Limits to File a Workers’ Compensation Claim in Georgia

Understanding the time limits for filing a workers’ compensation claim in Georgia is crucial for injured workers to protect their rights. These deadlines are strict, and failing to adhere to them may result in a denial of benefits or the loss of the right to file a claim.

In this article, we will discuss the essential time limits for filing a workers’ compensation claim in Georgia.

Notice of Injury: 30 Days

Report Within 30 Days

As an injured worker, you must report your injury to your employer within 30 days of the accident. Failure to provide timely notice may result in the loss of workers’ compensation benefits.

Although written notice is not strictly required, it is strongly recommended. Written notice ensures that the employer has a record of the injury report.

How to Report Your Injury

Notify your supervisor or HR department immediately. Follow up with written notice that includes:

• Date and time of the injury
• Location where it occurred
• Description of what happened
• Body parts injured
• Names of any witnesses

Keep a copy of this written notice for your records.

Statute of Limitations for Filing a Claim: 1 Year

One Year to File

The statute of limitations for filing a workers’ compensation claim in Georgia is one year from the date of the injury. This means that you must file a claim with the State Board of Workers’ Compensation within one year to be eligible for benefits.

If you miss this deadline, you may lose your right to file a claim and receive compensation for your injuries. This deadline is absolute—there are very few exceptions.

What “Filing a Claim” Means

In the context of workers’ compensation, “filing a claim” means formally submitting a request to receive benefits for a work-related injury or illness.

This process involves notifying both the employer and the workers’ compensation insurance provider about the incident. You must provide necessary information about the injury, treatment, and any time missed from work.

The WC-14 Notice of Claim

In Georgia, injured workers need to file a WC-14 Notice of Claim to initiate the workers’ compensation claim process.

Once the WC-14 Notice of Claim is completed, the form should be filed with the State Board of Workers’ Compensation. Send a copy also to the employer.

It’s crucial to file the WC-14 Notice of Claim within the statute of limitations to protect your rights to benefits.

Differences Between Time Limits for Medical Treatment and Income Benefits

Under Georgia law, the statutes of limitations for medical treatment and income benefits in workers’ compensation cases differ. It is important to understand the distinctions between these two time limits.

Understanding these deadlines ensures compliance and protects your rights to benefits.

Medical Treatment Time Limit: 1 Year

According to Georgia Code § 34-9-200(b), the statute of limitations for filing a claim for medical treatment is one year from the later of:

• The date of the last authorized medical treatment, OR
• The date of the last payment of income benefits

This means that if an injured worker needs additional medical treatment claims related to the work injury, they must file a claim within one year of the relevant date. This ensures coverage of the treatment costs.

What Counts as “Authorized Treatment”

Authorized treatment is medical care approved by the insurance company or your employer. If you see a doctor outside the authorized panel without permission, that treatment may not reset the clock for this deadline.

Always get authorization before seeking new treatment if it has been a while since your last visit.

Income Benefits Time Limit: 2 Years

Georgia Code § 34-9-104(b) addresses the statute of limitations for income benefits. If an injured worker has already received income benefits but experiences a change in condition that warrants additional income benefits, they must file a claim within two years from the date of the last payment of income benefits.

This two-year statute of limitations applies to changes in condition, such as:

• A worsening of the injury
• A change in disability status
• New complications from the original injury

These changes may result in eligibility for additional income benefits.

Special Circumstances and Exceptions

Occupational Diseases

For occupational diseases (injuries that develop over time, like carpal tunnel or hearing loss), the clock starts ticking when:

• You become disabled, OR
• A doctor tells you the condition is work-related

Whichever comes first.

Delayed Discovery

In rare cases, you may not know immediately that your injury is work-related. The time limits may be extended if you can prove:

• You couldn’t have reasonably known the injury was work-related
• You filed as soon as you discovered the connection

However, do not rely on this exception. File as soon as possible.

Minor Employees

If the injured worker is a minor (under 18), different time limits may apply. The deadline may be extended until they reach the age of majority.

Why These Deadlines Matter

Insurance Companies Count on You Missing Deadlines

Insurance companies know about these deadlines. They may delay, deny, or dispute your claim hoping you’ll miss the statute of limitations.

This is why it’s critical to:

• Act immediately after an injury
• Keep detailed records
• Consult with an attorney early

Summary of Time Limits

Get Legal Help to Protect Your Rights

If you’re injured at work, don’t wait to protect your rights. The clock starts ticking immediately.

An experienced workers’ compensation attorney can:

• Ensure all deadlines are met
• File your WC-14 Notice of Claim correctly
• Track time limits for medical treatment and income benefits
• Fight for your rights if the insurance company delays or denies your claim
• Handle all paperwork and legal proceedings

Most workers’ compensation attorneys offer free consultations and work on contingency—meaning you pay nothing unless they win your case.