Like most other cases, Georgia workers’ compensation cases must be filed within a certain amount of time. These timeframes are outlined in statutes of limitations. For example, in general, the statute of limitations in Georgia workers’ compensation cases is one year. This means that if an injured worker waits longer than one year to file their claim, it will likely be barred as a matter of law.
In many cases, determining when a statute of limitations begins to run is very straightforward. However, that is not always the case. In some cases, involving a delayed onset illness that was a result of exposure to a dangerous substance, the date of exposure may be months or even years in the past. In these situations, courts will normally use the time from when the employee was diagnosed with the illness or disease.
While most Georgia workers’ compensation claims are filed by injured workers themselves, the Georgia Workers’ Compensation Act also permits for the payment of benefits to the surviving loved ones of an employee who died while on the job. In these situations, the statute of limitations is one year from the date of the employee’s death. However, the statute of limitations will not be applied to prevent a dependent minor or someone who is “mentally incompetent” from pursuing a claim for compensation.
In general, these deadlines are strictly enforced, and injured workers or family members who have lost a loved one in a Georgia workplace accident are encouraged to reach out to a dedicated workers’ compensation attorney as soon as possible.
Other Deadlines in Georgia Workplace Injury Claims
The statute of limitations mentioned above refers to the actual claim for workers’ compensation. However, under Georgia Code section 34-9-80, an employee who has been injured in a workplace accident must notify their employer either in writing or verbally of the accident. This notice must provide the name of the employee, as well as the time, place, location, and nature of the accident. While it is important to be accurate, an inaccuracy in the notice provided to an employer will not defeat a worker’s claim unless the employer is able to show that it was prejudiced as a result. The same time requirement applies to claims being filed by family members after a fatal workplace accident.
Have You Been Injured in a Georgia Workplace Accident?
If you or a loved one has recently been injured in a Georgia workplace accident, you may be entitled to monetary compensation through a workers’ compensation claim. At the law offices of J. Franklin Burns, P.C., we represent those injured in Georgia workplace accidents, as well as families who have lost loved ones in on-the-job accidents. To learn more, and to speak with an attorney about your claim, call 404-303-7770 to schedule a free consultation.
More Blog Entries:
Aggravation of a Preexisting Condition in Georgia Workers’ Compensation Claims, March 20, 2018, Atlanta Workers’ Compensation Lawyer Blog
Georgia Goodyear Plant Fined for Federal Workplace Violations, March 26, 2018, Atlanta Workers’ Compensation Lawyer Blog