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A Helpful Statute of Limitations Case1 minute read

Many of our previous blog articles have discussed the unfairness of some cases barring claims made by injured workers based on a statute of limitations.  Some of these cases prevent injured workers from getting workers’ compensation benefits they should receive.

In a 2015 case from the Georgia Court of Appeals, an employer tried to argue once again that an injured worker should not receive benefits.  Fortunately, the Court of Appeals did not buy the employer’s argument.

The facts of the Court of Appeals case

Mr. Barnes was horrifically injured when he fell through a rotten floor at work and landed in an augur.  His left leg was cut off below the knee.  Despite this horrible injury, Mr. Barnes returned to work and continued working for his employer.  After some time, he was placed in a position that further injured his leg.  Eventually, his employer laid him off.  Mr. Barnes contacted the workers’ compensation insurance company about starting to pay him workers’ compensation benefits, but they refused to do so.

Mr. Barnes requested a hearing to get his workers’ compensation benefits started.  His case ended up at the Georgia Court of Appeals because the State Board of Workers’ Compensation held that his case was barred by two statutes of limitations (O.C.G.A. 34-9-82 and O.C.G.A. 34-9-104).

The decision of the Court of Appeals

The Georgia Court of Appeals reversed the State Board’s decision on both statutes.  Unfortunately, since this article was originally published, the Georgia Supreme Court reviewed the Court of Appeals decision and overturned it.  Find out about the Georgia Supreme Court’s decision and how it harms catastrophically injured workers in this article.

What if I have other questions about workers compensation?

Georgia’s workers compensation system can be very confusing.  You have to worry about getting the treatment you need and paying your bills while also worrying about not missing any deadlines that could cause you to lose your right to receive workers compensation benefits.

If you have questions, I would recommend that you try to get answers.  To find out more about how to schedule a time to talk to me about your workers compensation questions, just read this short article.

Jason Perkins is an attorney who specializes in representing injured workers.  He regularly publishes videos and write blog articles about Georgia’s workers compensation system and issues that are important to injured workers and their families.

To be notified of Jason’s new workers compensation videos, subscribe to his Georgia Workers Compensation Video Series channel on YouTube by clicking the subscribe button below.

Brittney-lee orourkeBrittney-lee orourke
05:23 18 Feb 22
Amazing! Jason and his team were very helpful and had the best communication by far. Walked me though every step with great detail and had answers for any question I had. They handled my case better then I could imagine, it was a weird case and they stayed on top of it and kept me updated every step of the way! Highly recommend this Team! Thanks so much to Jason and his Awesome team!-Brittney
China JonesChina Jones
18:58 08 Feb 22
I absolutely love this group of attorneys, when I was at my lowest they did everything they could to help me get justice for my injury. I believe if I were to have never picked my phone up and called the amazing group that helped me I definitely would not have received my idea of rights. If you have an issue and are just not sure please understand that they will help you, stay in contact, answer any question you have, and for sure get you the justice you deserve I thank them from the bottom of my heart and I will definitely refer them to anyone who has been hurt because they most definitely care about their work and clients.
Luv LocsLuv Locs
16:08 15 Jan 22
The entire law office was attentive and responsive to all of my concerns dealing with my workers compensation case.
moombimoombi
21:14 02 Jan 22
If you must get a lawyer involved, you’d do well to work with Jason Perkins and his team at Perkins Studdard Law.They were thorough in gathering information and in sharing all the steps in the workers comp process specific to my case. Jason and the team were responsive to my bevy of questions and concerns.I appreciated the informative videos and consultations provided by Jason over video meetings and multiple phone calls.I hope I’m never injured on the job again. However, if I am and if my employer responds as my previous employer did, I’ll contact Perkins Studdard Law immediately to handle the case.
Dana BessDana Bess
23:57 10 Dec 21
Everyone at Perkins Studdard was kind and professional. They were always extremely responsive and answered all questions that I had and followed up to make sure I had an understanding of what was going on along with emailing videos to explain every step of my case so I would know what to expect and be prepared. Jason is a very genuine person and I trusted him with my case. He answered so many questions for me even before I retained him as my WC lawyer. I highly recommend him and his associates at Perkins Studdard.
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