How long do you have to file a workers’ compensation claim in Georgia?
There are many time limitations when it comes to reporting a workers compensation claim. This article will provide you with some information regarding different deadlines and time frames that are important when it comes to your workers’ compensation claim.
However, it’s always advisable to contact an attorney if you have any questions. As always, the experienced attorneys at Gerber & Holder Attorneys At Law are more than happy to speak with you.
When to report a workplace injury
After you’ve been injured on the job, you have 30 days to report your injury. Reporting can require you to complete many forms, but a formal report isn’t required. In fact, just telling your supervisor may be enough. Or a supervisor witnessing the accident without verbal confirmation could suffice as well.
Sometimes work-related injuries don’t occur from a specific accident but are caused by overuse or repetitive due to daily activities. The safest way to meet this requirement is to tell a superior immediately after you’re injured.
When to file a workers’ comp claim
(if your employer drops the ball)
Filing a claim is similar to filing a lawsuit with regards to the statute of limitations. In a Georgia workers’ compensation claim, if no action has been taken by the employer to provide the injured worker with either medical treatment or indemnity benefits, then the injured worker has 1 year to file notice with the State Board of Workers’ Compensation of their claim. This notice has to be filed via a specific WC-14 form.
When to file a workers’ comp claim (if you’ve already received medical treatment)
When an injured individual has received medical treatment paid for by the workers’ compensation insurance carrier (not necessarily their employer), they have 1 year to file a workers’ compensation claim (WC-14) after the treatment.
To be clear, this treatment cannot be paid for by your health insurance; it must be paid by the workers’ compensation carrier.
When to file a workers’ comp claim (if you’ve already received wage loss benefits)
If you’ve received workers compensation indemnity benefits, you have 2 years to file a claim via a WC-14. Indemnity benefits in a workers’ compensation case mean payment for lost wages directly caused by a workplace injury.
This typically does NOT include vacation time or paid time off (PTO), but refers to money sent to the employee who either cannot work, has work restrictions which cannot be met by the employer, or is working but earning less than they were due to their injury.
When to get reimbursement for mileage
An injured worker who is receiving medical treatment paid for by the workers’ compensation insurance carrier is entitled to receive reimbursement for the gas and mileage from travelling to the doctor’s office, physical therapist, pharmacy, etc.
The mileage must be submitted within 1 year of the appointment. Once submitted, the insurance carrier has 30 days from receipt to make the payment.
When to hire a Georgia workers’ compensation lawyer
If you were recently injured on-the-job or suffered a work-related illness, we strongly encourage you to contact our Atlanta work injury attorneys as soon as possible. There are many important deadlines in workers’ compensation cases, and we can help you meet all of them to ensure maximum benefits.