Disability Law

Back to Basics Part 2: Filing A Claim With the State Board of Workers? Compensation is Necessary for Atlanta Workers' Compensation Claimants

By Jack E. Clay

Statutes of Limitation under Georgia's workers' compensation law can be very confusing for the injured worker. I tend to dislike long disclaimers, but please hear me out when it comes to the subject of time limits under Georgia law for on the job injuries. Consult with an attorney who handles workers' compensation cases if you have questions. I am not writing this article to give you legal advice. This article is being written as a broad overview of a complex set of deadlines.

For an injured worker, filing a claim with the State Board of Workers' Compensation is essential, and there is no bright line rule for when a claim must be filed. A claim is filed by completing and filing a Form WC-14 with the State Board of Workers' Compensation. Statutes of Limitation under Georgia's workers' compensation law can vary, depending on various benefits sought, between one year and four years from certain events. Like many other areas of law, workers? compensation has specific rules and regulations that must be followed to avoid the dismissal of a claim. Specifically, time periods must be taken into consideration when filing a claim with the Board.

Generally, Georgia has an "all issues" Statute of Limitation. The law states that the right to compensation is barred unless a claim is filed within one year of the injury. However,if medical treatment has been provided through the employer, the time-frame is different. O.C.G.A. § 34-9-82 details these limitation periods and procedures: ?The right to compensation shall be barred unless a claim therefore is filed within one year after injury, except that if payment of weekly benefits has been made or remedial treatment has been furnished by the employer on account of the injury the claim may be filed within one year after the date of the last remedial treatment furnished by the employer or within two years after the date of the last payment of weekly benefits.?

There is also a Change in Condition Statute of Limitation. For example, if an injured worker ever received weekly income benefits or if there is an Award by the State Board of Workers' Compensation (see Footstar, Inc. v. Liberty Mutual), the time limit for obtaining additional weekly income benefits is two years from the last payment of income benefits. There is also a potential four-year Statute of Limitation for payment of certain Permanent Partial Disability Benefits.

It is important to note that, sometimes, there are other issues that come into play such as fictional dates of accident, the failure of an employer to properly post a Panel of Physicians that may affect a Statute of Limitations defense, and the failure of an Employer to file certain forms such as a WC-2. I will reiterate the importance in seeking the assistance of an experienced workers? comp attorney. In my Douglasville, Georgia practice, I have received numerous phone calls from individuals who have been hurt at work and are confused about their rights. If you or someone you know has been hurt in an on the job injury and believe you may be approaching certain time limits, feel free to contact my Atlanta area law firm for a free consultation.

Full post as published by Georgia Law Blog on November 05, 2008 (boomark / email).