Critical Deadlines for Employers and Employees in Georgia Workers’ Compensation Cases

In the aftermath of a workplace injury, you enjoy some element of flexibility in filing for workers’ compensation. Official deadlines do not require you to file right away. If you fail to adhere to the proper timeline, however, you may forfeit your right to remuneration.

Giving Notice of the Disability

Recently injured on the job? The Georgia State Board of Workers’ Compensation mandates that you provide notice within thirty days of the incident, or thirty days after you discover the symptoms of a work-related injury.

Filing a Claim

If you fail to file a claim for workers’ compensation within a year, you’ll forfeit your right to remuneration. There are, however, a few exceptions:

  • If the employer paid weekly benefits due to the injury, the claim can be filed within two years.
  • When employers offer remedial care, filing must occur no more than one year after the final treatment.
  • Claim timelines may be extended in select cases involving mental incapacity, injury to minors, or employer fraud.

What If My Condition Changes?

If your disability becomes worse, you must file a claim within two to four years of receiving your final benefit payment, depending on the type of remuneration you intend to seek. If you fail to adhere to the two-year deadline, you may be barred from receiving future temporary disability or temporary partial benefits. You’ll become ineligible for permanent disability if you file after four years of receiving your last payment.

It’s not easy to determine the appropriate timing for filing your workers’ compensation claim. File too early, and the full extent of your injury may not yet be evident, leaving you with reduced benefits. Wait too long, and you’ll lose eligibility for compensation.

Struggling to keep track of important workers’ compensation deadlines? Smith, Wallis and Scott, LLP can give you a hand, so get in touch today.

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