Why it is Important to Act Quickly Following a Georgia Workplace Accident
While workers’ compensation benefits are helpful to get injured and ill workers back on the job, certain time limitations apply to workers’ compensation claims that all employees and employers should be aware of. Missing a deadline to file a workers’ compensation claim may prevent an injured or ill worker from receiving much-needed compensation and medical benefits.
The following time limitations apply to Georgia workers’ compensation claims:
- Employees who are injured or become ill on the job are required to give notice of the accident or incident to their employer within thirty (30) days. If the employer or supervisor witnessed the accident or incident that resulted in injury or illness, this notice requirement might not be necessary. However, to comply with Georgia’s workers’ compensation laws, it is a good idea to provide notice to the supervisor/employer within thirty (30) days of sustaining a workplace injury or illness. If notice is not provided within this timeframe, the injured or ill employee must provide written notice of the accident or incident and resulting injuries or illness to the employer and/or supervisor with a good reason for the delay.
- Once notice has been timely given to the employer/supervisor, a Notice of Claim (Form WC-14) must be filed with the Georgia State Board of Workers’ Compensation. Form WC-14 must be filed within the following timeframes:
- No later than one (1) year from the date the workplace injury or illness was sustained;
- No later than one (1) year from the date of the last authorized treatment paid for by the employer or the employer’s insurance carrier; or
- No later than two (2) years from the last payment of workers’ compensation benefits.
- If an injured or ill worker receives an adverse action by the Georgia State Board of Workers’ Compensation (such as a denial of the claim), the worker has twenty (20) days to appeal the decision.
While an injured or ill worker technically has one to two years to file a notice of claim with the Workers’ Compensation Board, it is best to act quickly after suffering a workplace injury or illness. Additionally, if there are long gaps in time between medical treatment and periods of disability, the workers’ compensation claim may become weaker. Failure to receive consistent medical treatment and being able to work while being considered disabled may be considered evidence that a workplace injury or illness is not severe enough to warrant workers’ compensation benefits.
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Montlick & Associates, Attorneys at Law
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Atlanta, GA 30329
Telephone: 1 (800) LAW-NEED
Telephone: 1 (404) 529-6333