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Statutes of Limitations in Workers’ Compensation Claims

A statute of limitations is dangerous.  It is a deadline for filing your claim.

If you do not file your claim within the time provided, you will probably lose your case.  You will lose your claim without even getting a chance to prove it.

Under the workers’ compensation law in Georgia, there are at least three different statutes of limitation that you need to know about.

  • The “All Issues” Statute of Limitations
  • The “Change in Condition” Statute of Limitations
  • The Medical/Mileage Reimbursement Statute of Limitations

The “All Issues” Statute of Limitations (O.C.G.A. 34-9-82)

This statute of limitations is the most common type.  It provides that you have one year from your injury date to file your workers’ compensation claim.  If you do not file your claim within one year, then it will be barred.

Get your claim filed within one year to avoid the all issues statute of limitations deadline

The one year deadline can be extended.  The deadline can be extended if your employer or their workers’ compensation insurance company pays for medical treatment for your injury.  It can also be extended if they pay you weekly income benefits in the form of temporary total, temporary partial, or permanent partial disability.

These extensions are tricky though.  The safest thing to do is to make sure you file your claim within one year of your injury.  Otherwise, you will take a real chance that you could lose your case.

The “Change in Condition” Statute of Limitations (O.C.G.A. 34-9-104)

This statute of limitations is different than most.  Most statutes of limitations start when you are injured.  This statute starts when you stop receiving temporary total or temporary partial disability benefits.

Once those temporary total or temporary partial benefits stop, you only have two years from that date to request additional temporary total or temporary partial disability benefits.  If you do not receive or request those benefits within two years, then you cannot ever receive those benefits again for that work injury.

This statute is especially bad when injured workers return to work.  Their temporary total disability benefits usually stop.  Then, the statute of limitations starts running.

If they keep working, the statute of limitation can pass by without them even knowing it.  When they later need to come out of work because of their injuries, they probably will be barred from receiving benefits.

Often, an injured worker finds out the statute has run when their doctor recommends a surgery that will take them out of owrk.  Our firm has seen many cases where an injured worker does not have an attorney and this statute of limitations runs while the injured worker is waiting to get surgery approved.

Discussing your case with a workers' compensation attorney can help you avoid missing an important statute of limitations deadlineThe Medical Bill/Mileage Reimbursement Statute of Limitations (O.C.G.A. 34-9-203)

This statute of limitations provides a deadline for requesting payment of a workers’ compensation medical bill.  It also applies to reimbursement of mileage expenses.

Once medical treatment occurs, the bill must be submitted to your employer or workers’ compensation insurance company within one year.  If it is not submitted within that time, then the insurance company does not have to pay the bill or reimburse for the mileage expense.  So, make sure and submit your reimbursements within one year.

Requirement of Giving Notice of Injury (O.C.G.A. 34-9-80)

This is not technically a statute of limitations, but it has the same effect.  The law requires you to give notice to your employer within 30 days of your injury.  If you do not, then you could be barred from pursuing your claim.

What If I Miss One of These Deadlines?

It is very important to file your claims for workers’ compensation benefits within the deadlines provided by these statutes of limitations.  If you miss these deadlines, you could lose the right to pursue your claim or the right to recover certain types of benefits.  The safest thing to do is to make sure that your requests for benefits are filed on time.

If you think you may have missed a deadline, you should know that each of these deadlines has some exceptions.  You should consult with an attorney so that he or she can carefully review your case and let you know what options you have and what you need to do.

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.

It took me probably too long to finally get a lawyer when my work comp claim started and I had no idea what I should do. I read reviews and upon recommendation of several people started the process of getting a lawyer. I am fortunate and lucky to have come across Perkins Studdard. Jason and his team has taken care of me since the moment I first called them and made sure any and all questions I had were answered as well as working hard to get me my settlement so I can continue receiving treatment. If you're looking for a good law firm to represent you in your worker's compensation case I would highly highly recommend this one.Autumn Fields
I highly recommend Perkins Law Firm. Throughout the whole process Perkins team kept me updated and explained everything very well. I am very pleased with their work. You will not be disappointed!!trina flornce
Mr. Perkins and team...Tina* they have all been so awesome. Always available to talk to me with any concerns. Kept me informed on my case all the way. Greatly appreciated!Missy Cherry
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! -BrittneyBrittney-lee orourke
This law firm is very good at what it does the staff and the lawyer's that were involved with my case all were very perfesional and curious I couldn't ask for a better law firm I want to thank everyone for a great job thanks Les RyanLeslie Ryan
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.China Jones
The entire law office was attentive and responsive to all of my concerns dealing with my workers compensation case.Luv Locs
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.moombi
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.Dana Bess
Great staff and very knowlegable. They treat you like family and work hard to get you what you need. Highly recommended.Josh Carter

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Jason Perkins

Workers' Compensation Attorney

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