The Georgia State Board of Workers’ Compensation (GSBWC) imposes a statute of limitationsor time limit on when you must file a claim. Generally, you have one year from the date of injury to file your claim, although there are several exceptions to that rule. In all work injury situations, the best practice is for employees to report injuries and file claims as soon as possible so as not to overstep the time limit. Violating the Georgia workers’ compensation statute of limitations can lead the insurance company to deny your claim.
Statute of Limitations for Workers’ Compensation Claims
The GSBWC’s Employee Handbook clearly explains the statutes of limitation.
- You have one year from the date of the injury to file a claim.
- If you received remedial treatment from your employer for the injury, you have one year from the date of treatment to file a claim for workers’ compensation benefits.
- If you received weekly income benefits as a result of the on-the-job injury, you have two years from the date of your last payment of weekly income benefits to file a claim.
The statutes of limitation are more flexible when the claim is for an occupational disease. You have one year from the date you became aware of your disease or from the date when you reasonably should have realized the correlation between your disease and your job. This grace period is extended for up to seven years. The Board explains: “No claim for an occupational disease may be filed after seven years from the last date you were exposed to the employment hazards related to your disease.”
Call a Work Injury Attorney if Your Claim Was Denied
If your claim has been wrongly denied because insurers claim you filed for benefits after the allotted statute of limitations, you’ll want to have a workers’ compensation attorney review your case. There is a good chance that a valid defense exists and that you can appeal (and win) your claim. For example, your attorney may argue that it took some time for your symptoms to manifest, hence the late filing. Or your attorney may point out that although you filed more than one year after the accident, you received remedial treatment from your employer and are thus still eligible.
Workers’ compensation income and medical benefits are extremely important for staying financially afloat after an injury or illness; you don’t want to forfeit your rights to them. If your claim has been denied, you owe it to yourself and your family to look at your legal options. For a free legal consultation in Atlanta, call our knowledgeable, determined team at Bader Scott Injury Lawyers: 678-562-5595.