The workers’ compensation system in Georgia is designed to provide financial and medical support to employees who are injured on the job. However, these benefits are not automatically granted—injured workers must follow specific procedures to claim them.
One of the most consequential features of this process is the statute of limitations, which sets strict deadlines for reporting and filing claims in the state. Missing these deadlines can result in the denial of benefits, leaving injured workers without the support they need and deserve.
Timing is key
Georgia law requires workers to adhere to two key deadlines in workers’ compensation cases.
First, injured workers must report their injuries to their employer within 30 days of an injurious incident or realizing that a chronic condition has either arisen or been exacerbated as a result of their work. Failure to provide timely notice can result in a loss of eligibility for workers’ compensation benefits. This notice does not need to be formal; informing a supervisor or manager verbally is typically sufficient. However, documenting the notice in writing is recommended to avoid disputes.
Second, workers have one year from the date of the injury to file a workers’ compensation claim with the State Board of Workers’ Compensation. Alternatively, if an employer provides medical treatment related to the injury, the one-year period begins from the last date of authorized medical care.
However, if a worker is injured, but continues to work after their injury, and then is forced to stop working later on as a result of the injury, a claim maybe filed within one year of when the injured worker stopped working as a result of the injury.
Treating these requirements seriously
The most important reason why employees should treat these deadlines seriously is that workers’ compensation benefits are not guaranteed. If an injured worker fails to meet the reporting or filing deadlines, they may lose their right to claim benefits altogether, regardless of the severity of their injuries.
Less importantly, but still worth noting, is that delayed reporting can lead to skepticism from employers or insurers, who may argue that an injury is not work-related. Just as delays in seeking medical care can make it harder for physicians to “connect the dots” as to the ins and outs of someone’s harm, delaying reporting can make it easier for employers to argue that something other than one’s work may have caused the harm at issue.
Navigating the workers’ compensation system can be challenging. Thankfully, workers don’t need to navigate strict deadline requirements alone. Seeking legal advice and support is always your best option option.