Georgia law allows an injured worker up to one year to file a Notice of Claim or Request for Hearing in an "all issues" workers' compensation claim. If you do not bring a claim within one year, you may be barred from receiving work comp benefits forever. In cases where the Employer/Insurer have paid for medical treatment or income benefits, the one year "all issues" Statute of Limitations does not apply. It is also worth noting that the one year Statute of Limitations is different from the thirty day notice requirement. Putting an Employer on notice of an injury is not sufficient to toll the Statute of Limitations. As a general rule, it is good to file a claim and notify your Employer of the claim as soon as possible following a
work injury. Call
Brian H. Sumrall at (404) 857-3835 if you have any
questions about the Statute of Limitations as it applies to your work comp injury. Mr. Sumrall is an experienced
Georgia workers' comp litigator and might be able to assist with your work injury claim.