Statute of Limitations on Filing a Workers' Comp Claim
Workers’ compensation claims in Georgia must be filed within
one year of a person’s injury in order to be valid. While other types of personal injury suits are subject
to a two-year statute of limitations, workers’ comp claims must
be filed with the
Georgia State Board of Workers’ Compensation within one year of an injured worker’s last authorized medical treatment
in order to be reviewed for approval. Additionally, if a workplace accident
claims the life of a worker, the victim’s family is only eligible
to file for death benefits within one year of their loved one’s passing.
Inform Employer of Injuries Immediately
Even more importantly, injured workers are required to
inform their employer of their injuries within 30 days of their injury
or discovery of their injury. This notification must be submitted in writing to an authority figure
within the company, such as a supervisor or a human resources manager.
Failure to adhere to this deadline can cause a person to lose their right
to seek compensation.
In some cases, however, these deadlines can be extended. For occupational
disease claims, afflicted workers are given one year from the date they first
become aware of their disease or receive a medical diagnosis of their condition. If
seven years have passed since a person was last exposed to an occupational
related disease-causing hazard, however, they will no longer be eligible
to seek compensation.
Pursue Legal Action Promptly
In summation, it is always best to pursue legal action as soon as possible
if you believe that you have a workers’ compensation claim. Consulting
with a legal professional promptly is the best way to keep yourself in
compliance with these various deadlines.
Suffer an On-The-Job Injury? Call (770) 285-5542
If you or a loved one have been the victim of a workplace accident, a Cobb
County workers’ compensation lawyer from Chestnut & Beller can
walk you through the process of
filing a workers’ comp claim and advocate for a fair recovery for your suffering. With more than 60
years of proven legal experience, your case is sure to be in excellent hands.
To get started,
request a free case review or
contact our office online today!