[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.sherrodandbernard.com\/blog\/workers-compensation-statute-of-limitations\/#BlogPosting","mainEntityOfPage":"https:\/\/www.sherrodandbernard.com\/blog\/workers-compensation-statute-of-limitations\/","headline":"What Is the Statute of Limitations for Workers\u2019 Compensation Claims in Georgia?","name":"What Is the Statute of Limitations for Workers\u2019 Compensation Claims in Georgia?","description":"If you get hurt on the job in Georgia, you may qualify for\u00a0workers\u2019 compensation benefits. These benefits could play an important role in your recovery. For instance, they can pay for your injury-related medical care and reimburse you for some of the costs of driving to your medical...","datePublished":"2019-04-04","dateModified":"2025-05-07","author":{"@type":"Person","@id":"https:\/\/www.sherrodandbernard.com\/blog\/author\/johnsherrod\/#Person","name":"John Sherrod","url":"https:\/\/www.sherrodandbernard.com\/blog\/author\/johnsherrod\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/63ed235ae61137a2e8dec557ea4cd48dee882e0dc0bbcf9da6642f47d925925d?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/63ed235ae61137a2e8dec557ea4cd48dee882e0dc0bbcf9da6642f47d925925d?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Sherrod & Bernard, P.C.","logo":{"@type":"ImageObject","@id":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/SB-Logo-1.png","url":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/SB-Logo-1.png","width":300,"height":109}},"image":{"@type":"ImageObject","@id":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2019\/04\/file-injury-claim.jpg","url":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2019\/04\/file-injury-claim.jpg","height":666,"width":1000},"url":"https:\/\/www.sherrodandbernard.com\/blog\/workers-compensation-statute-of-limitations\/","about":["Workers' Compensation"],"wordCount":1088,"articleBody":"If you get hurt on the job in Georgia, you may qualify for\u00a0workers\u2019 compensation benefits. These benefits could play an important role in your recovery. For instance, they can pay for your injury-related medical care and reimburse you for some of the costs of driving to your medical appointments. If your injury prevents you from working or forces you to work a lighter-duty, lesser-paying job, these benefits can also cover a portion of the wages that you would otherwise lose.However, to receive workers\u2019 compensation benefits, you must meet different deadlines. One of those deadlines is the statute of limitations for filing a workers\u2019 compensation claim in Georgia.\u00a0Generally, you have one year from the date of the injury to file your claim. If you miss that deadline, your claim will be barred, which could be devastating for you and your family.Here, we discuss the statute of limitations and other\u00a0important deadlines that apply to Georgia workers\u2019 compensation claims. If you wish to discuss the specific deadlines in your own case, please feel free to contact our experienced workers\u2019 compensation attorneys at Sherrod & Bernard, P.C. We will review your case in a free consultation.What is a Notice of Workplace Injury?Before you worry about meeting the statute of limitations for filing a Georgia workers\u2019 compensation claim, you need to make sure that you give notice of your injury to your employer.\u00a0Under\u00a0O.C.G.A. \u00a7 34-9-80,\u00a0you must notify your employer about your workplace injury within 30 days after the injury occurs. If you fail to give timely notice, you can lose your right to file a claim.Technically, you can give oral or written notice to your employer. However, the best practice to follow is to give the notice in writing. You can use a form that your employer provides, or you can give the notice by e-mail, fax, or certified letter. You should keep a copy of it. The copy can serve as proof that you complied with the notice requirement.You do not need to argue your claim in the notice. Instead, the notice should simply state the date, time and location of your accident and injury. You should also describe what body part was injured.If you are the survivor of a deceased worker, you may be eligible to receive workers\u2019 compensation death benefits.\u00a0You will need to give notice to the employer within 30 days after the death. This date may be different from the date of your loved one\u2019s work-related injury.What is the Statute of Limitations for Workplace Injuries?Under\u00a0O.C.G.A. \u00a7 34-9-82(a), you must file your claim with the Georgia State Board of Workers\u2019 Compensation (\u201cBoard\u201d) within one year after the date of the injury. If you miss this deadline, the statute clearly states that your claim \u201cshall be barred.\u201d\u00a0With that said, the statute does provide for two exceptions:Last medical treatment \u2013\u00a0If your employer pays for your medical treatment, then you will have up to\u00a0one year\u00a0from the date of the last paid treatment that you received in which to file your workers\u2019 compensation claim.Last weekly income benefits \u2013\u00a0If you receive income benefits from your employer (also called lost wage benefits or disability benefits), then you will have up to\u00a0two years\u00a0from the date of the last benefits check that you received in which to file your claim.If you file a claim for workers\u2019 compensation death benefits, then under\u00a0O.C.G.A. \u00a7 34-9-82(b), you must file the claim within\u00a0one year\u00a0from the date of your loved one\u2019s death \u2013 not one year from the date of injury.What is the Statute of Limitations for Medical Payments\/Mileage Reimbursement?As mentioned above,\u00a0workers\u2019 compensation\u00a0benefits will cover the costs of your injury-related medical treatment. You can also receive reimbursement for mileage expenses that you incur while going to and from your treatment. However, in order to receive those benefits, you must file with your employer or its workers\u2019 compensation insurer:The medical bill within\u00a0one year\u00a0after you received the treatment, orYour mileage reimbursement request within\u00a0one year\u00a0after you incurred the mileage expense.Typically, your medical care provider will send a bill directly to your employer or the insurance company. However, you should still be aware of this deadline in the event that you must send the bill yourself.What is the Statute of Limitations for Occupational Diseases?If you suffer from an occupational disease and not an injury, then a slightly different statute of limitations applies. Under O.C.G.A. \u00a7 34-9-281(b)(2), you must file a claim for workers\u2019 compensation benefits within one year after the date that you knew or, in the exercise of reasonable diligence, should have known of the disease and its relationship to your employment. In no event can you file a claim more than\u00a0seven years\u00a0after your last exposure to the hazard at work which caused your disease.An exception exists for asbestosis or mesothelioma claims. This is mainly due to the fact that the symptoms for those diseases can take many years to appear. You must a file workers\u2019 compensation claim based on either one of those diseases within\u00a0one year\u00a0of the \u201cfirst disablement\u201d after diagnosis, or the date when you could no longer work due to your illness.What is the Statute of Limitations for a Change in Conditions?If you experience a \u201cchange in condition,\u201d then under\u00a0O.C.G.A. \u00a7 34-9-104(b), you can apply to the Board for another decision on your claim.\u00a0However, you can do this only if no more than two years have passed since you were last paid income benefits, and the earlier decision was not based on a settlement.Georgia law defines a \u201cchange of condition\u201d as \u201ca change in the wage-earning capacity, physical condition, or status of an employee or other beneficiary covered \u2026 [that] \u2026 occurred after the date on which the wage-earning capacity, physical condition, or status of the employee or other beneficiary was last established by award or otherwise.\u201dGet Help from an Experienced Georgia Workers\u2019 Compensation LawyerThe best way to ensure that you meet the deadlines which apply to your\u00a0Georgia workers\u2019 compensation claim\u00a0is to get help from a knowledgeable attorney. Don\u2019t wait too long to act. Contact us today at\u00a0Sherrod & Bernard, P.C., and receive a free review of your case.Visit our Georgia Workers\u2019s Compensation Law Offices"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.sherrodandbernard.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What Is the Statute of Limitations for Workers\u2019 Compensation Claims in Georgia?","item":"https:\/\/www.sherrodandbernard.com\/blog\/workers-compensation-statute-of-limitations\/#breadcrumbitem"}]}]