On-the job injuries can be accompanied by large amounts of uncertainty about the future of your physical, mental and financial health. Sometimes during the confusion and chaos after a work-related injury, it is difficult to know how to file a workers’ compensation claim or if it is even the right step to take. Taking the time after your workplace injury to care for yourself is important, however, the legal system allows you a finite window of time after your injury to consult with an attorney and file a claim. This time frame eventually expires so in order to ensure that you are able to receive the workers’ compensation benefits you deserve, you must be cautious of the statute of limitations surrounding a workers’ compensation claim. 

Statute of Limitations

A statute of limitation is an allotted period of time set by the law in which an individual can bring forward a claim. If a claim is filed after the statue of limitation, it is no longer valid and the injured party cannot be awarded any compensation. As far as workers’ compensation benefits are concerned, an injured worker must file a claim before this expires or he/she will not be eligible for any workers’ compensation. Statute of limitations vary by the nature of the claim as well as which state the claim is brought in. For example, in Georgia, a workers’ compensation claim must be brought forward within one year of the workplace injury. 

Different Types of Statute of Limitations

There are two types of statute of limitations in regards to workers’ compensation. Depending on which statue of limitation applies to your situation, your time frame to file a claim can change. 

• All issues statute of limitation: Determines how much time an injured worker has to file a claim. 
  • If your employer is paying weekly income benefits, this statute does not apply 
  • If you are receiving medical benefits (and income benefits are not also provided), this statute applies 
• Change in condition statute of limitation: Begins when you stop receiving temporary disability benefits.

There are several important timelines to remember in respect to these statute of limitations: 

• 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. 

After suffering from a workplace injury, it is important for you to take the time to physically and mentally recover from the initial injury, but contacting an attorney right away is also essential. Filing a workers’ compensation claim as soon as possible protects you from the possibility of waiting too long to bring forward the claim and losing the right to benefits you are entitled to as an injured worker. Contact Poirier Law Firm today so our dedicated team can help you begin the process of filing your claim so you can focus on healing.