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Workers’ Comp Claim, How Long Do I Have To File?

• Apr 4th, 2013

 

Just like personal injury and wrongful death claims, employees who  have been injured have a time limit within which to file for workers’ comp claim in GA. Not only should the time limit for filing a workers’ comp claim be adhered to, but the time frame for notifying the employer about the injury must also be observed. Failure to observe both time limits in filing a workers’ comp claim may result in the claim being denied and the injured employee, such as yourself, will lose valuable rights in recovering benefits you should be entitled to. Let’s talk about these time limits in more detail about your workers’ comp claim.

A Workers’ Comp Claim Must Be Reported Within 30 Days

As stated earlier, the employer must receive notice of the injury as stipulated by the law in Georgia. The notice can either be given to the employer or the employer’s representative such as the employee’s supervisor. The notice should occur immediately after the accident which caused the injury or as soon as it is practicably possible. Notice must be given within thirty (30) days.  If the accident is not reported by the injured worker to the employer within thirty days the workers’ comp claim will most likely be denied by the insurance company.

I recently had a case where my client failed to report his work-related shoulder injury until forty-five days after the accident.  He had gone to his own doctor during that time but he never told his supervisor or any other employer representative of the accident and the resulting injury to his shoulder.  The insurance company denied the workers’ comp claim.  Failure to report the accident within the required 30 days created a strong defense to denying the case and a difficult obstacle for us to overcome in order to prevail in court.  Even if you don’t think you need medical attention immediately report the accident to your supervisor.  Don’t wait!  It is important that you report the accident and file a workers comp claim  asap.

Once notice has been given to the employer or the supervisor,  the workers’ comp claim must be filed within the statue of limitations which is one year.  Simply put, the claimant must file the claim within the time frame set forth in the Statute for filing workers’ compensation claims.  The time frame depends on the particular facts of each case.

Time Limitations In Filing A Workers’ Comp Claim

The time period in which to file a workers’ comp claim depends on whether or not the employer/insurer has already provided the injured employee with income benefits or medical benefits. If they have not been already provided, then the injured employee has one (1) year to file a claim. This claim is filed by completing a “Notice of Claim/Request for Hearing (WC-14) form and submitting it to the State Board of Workers’ Compensation.

Other statute of limitations for filing a workers’ comp claim include two years from last payment of weekly income benefits or one year from date of the last remedial treatment provided by the last employer/insurer.

However, the only way to know for sure which of these applies to your particular case, is by contacting Sunne Law who is  a workers’ comp lawyer in GA.  Once you have been injured on the job, give notice immediately to your employer and then call Sunne Law for a consultation to better understand the time periods required for filing your claim.  Consultations are free of charge.  Knowing the time limitations and all of your rights is key to a successful workers’ comp claim.  If you would like to talk to an attorney who specializes in workers’s comp claims contact Sunne Law.  visit our website at www.mysuperherolawyer.com

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