What are the Statutes of Limitations in Workers’ Comp?

    

If you’ve been injured on the job and are receiving workers’ compensation benefits, you may not be aware that there are many additional benefits you are eligible for. You can expense mileage, be compensated for all medical bills, and expense other costs, but each of these benefits are limited by statutes of limitations. If you’re not aware of specific statutes of limitations while receiving workers’ compensation, you may miss deadlines without even knowing they exist. A competent, local, experienced workers’ compensation attorney can ensure that you are aware of all deadlines, so that you receive the compensation you deserve. 

What is a Statute of Limitations?

A statute of limitations is a  term referring to the amount of time that a person has to pursue a legal claim. You may be familiar with the term when it comes to felonies like murder (no statute of limitations) or white collar crime (most of the time, a five-year limitation). When it comes to your workers’ comp claim, it may not have even crossed your mind that certain benefits are no longer available to you if you wait too long. That’s why it’s important to know the right questions to ask when receiving benefits, and why it’s important to not procrastinate when it comes to your paperwork. 

If your friends and family are encouraging you to talk to a lawyer about your workers’ comp claim, this is one of the main reasons that they may be right. After all, you don’t know what you don’t know. We offer free case evaluations, and we let you know if we can assist with your claim.

How Many Statutes of Limitations in Workers’ Comp are there?

In Georgia, there are four statutes of limitations related to workers’ comp. Remember, since workers’ compensation is a state-run program, these limitations will vary from state to state, so it is important that you get all of your facts from a Georgia workers’ comp attorney or directly from the Georgia Workers’ Compensation Board. 

One-Year Statute of Limitations

Important dates to note are:

  • The one-year anniversary of your injury at work
  • The one-year from date last worked to file fictional date of accident with same employer or new employer
  • The one-year mark to submit a medical bill or reimbursement of mileage
  • The one-year mark from date of last employer-furnished remedial treatment

 

Once the one-year mark has passed for these incidents, you will no longer be able to file for the benefits associated with the deadlines. 

Two-Year Statute of Limitations

If you are currently receiving Temporary Total Disability (TTD) or Temporary Partial Disability (TPD), those benefits will be suspended when you return to work. You will have two years from the date of issue of the last payment of either TTD or TPD to file a hearing request form to seek additional TDD/TPD. 

For example, if you plan to return to work on light-duty work restrictions, and work for three years. and then once again find yourself out of work, a claim for additional TTD will be barred by the two-year statute because you worked for more than the two years allowed after the last receipt of TTD or TPD. 

Four-Year Statute of Limitations

The four-year statute of limitations has to do with payment of Permanent Partial Disability (PPD) benefits within four years of the last receipt of TTD/TPD.

Five-Year Statute of Limitations

In Georgia, the five-year statute of limitations is a statute of repose. A claimant has five years from the Date of Injury to complete a hearing. Here are some important facts: 

  • You will have to have met the one-year statute of limitations by filing the Board Form WC-14 Notice of Claim within one year of the date of injury, or if the employer has furnished remedial medical care, within one year of the last date of employer-furnished remedial care. 
  • Once the claim has been filed, you will then have five years from the date of injury to complete a hearing. If the hearing is not completed within five years of the date of injury, the situation will be as if the claim had never been filed.

How May the Statutes of Limitations Affect my Claim and Rights to Benefits?

There are several reasons why retaining a workers’ compensation attorney in Georgia can increase your likelihood of maximizing your benefits following your claim. A very important thing to know is that they are specialists in workers’ comp law, and even if the laws change--regarding shifting dates for statutes of limitations, for example--your workers’ comp attorney will always be one top of your case to properly advise you of deadlines and rules. 

Does Having a Workers’ Comp Lawyer Help My Case?Does Having a Workers’ Comp Lawyer Help My Case

In general, having a workers’ comp attorney helps claimants win their cases, and win them for higher amounts. Here at Affleck and Gordon, we’ve represented injured workers in workers’ compensation claims for 40 years. Our team is experienced, compassionate, and knowledgeable about workers’ compensation law in Georgia and how to help our clients receive the benefits they deserve following an injury on the job.

Navigating workers’ compensation settlements and the statutes of limitations that govern them and doesn’t have to be overwhelming. We understand what you’re going through, as we’ve assisted many others in winning benefits for their on-the-job injuries. As we evaluate your claim, we’ll help organize the most important facts of your medical history, and help you present a strong, compelling case that can lead to a successful settlement. At Affleck and Gordon, we’re the experienced Atlanta workers’ comp law firm you need. 

If your workers comp claim has been denied, or you’re thinking about filing and don’t know where to start, Affleck and Gordon can help. We’ve been helping people in Georgia just like you for over 40 years.

Sign up for a free case evaluation here, or call us (404) 373-1649.



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