For anyone that has ever gotten injured on the job, you know what a hassle making a claim can be—and just how important it is to follow all the rules exactly. One such essential rule is to make sure you make your claim before the statute of limitations runs out. Unfortunately, many people in Georgia fail to file a claim within the allotted time period and aren’t able to receive the benefits they earned.

What Is a Statute of Limitation?

A statute of limitations is statute (a written law passed by a legislative body) that indicates a period of limitation for bringing specific kinds of legal actions. It dictates how soon you must file a claim for workers’ compensation benefits after a workplace injury has occurred. The limitations generally depend on the nature of a given claim and vary from state to state. For example, most states give you a greater amount of time to make a claim for an occupational disease which developed over time—-especially if you didn’t become aware of the illness until later on.  

State Specific Statute of Limitations.

The statute of limitations for workers’ comp claims vary from state to state. In Georgia, a claim must be filed within one year of the accident date or your right to compensation is barred. 

What is “All Issues” Statute of Limitations?

There are two separate statute of limitations that apply to workers’ comp cases. After a worker is injured, the “all issues” statute of limitation determines how much time a worker has to file a claim. Now, if the employer is paying the worker weekly income benefits, the statute does not apply. It does still apply though, if the injured worker is receiving medical benefits—as long as income benefits are not also being provided. The second type of statute is known as the “change in condition” statute of limitation and it starts when you stop receiving temporary disability benefits. Once those benefits cease, you have two years to request additional disability benefits. If you do not receive those benefits within two years you can never again get benefits for that specific work related injury.

Key Time Frames to Remember.

• • One Year From Injury Date.  Claim must be filed within one year of being injured and the clock starts ticking when the injury presents itself, not the date in which the accident occurred.
  • One Year After Last Employer Paid Medical Treatment. This statute applies if an injured worker is getting medical treatment from the employer. The statute renews for one year with each doctor visit. 

• Two Years Since Income Benefits. For every weekly income benefit payment, the statute restarts. Once the benefits stop, the two-year clock starts ticking from the final payment date.

• One Year After Awareness of Disease. For occupational diseases, workers have one year to file a claim when they become aware of the disease. You have seven years from the last exposure of harmful material to file. 

If you have been injured while working on the job, make sure to pursue the benefits you are entitled to without delay. Contact a Georgia Workers’ Compensation lawyer to make sure you don’t get barred by the statute of limitation and get the compensation you deserve.