Like most other cases, Georgia workers’ compensation cases must be filed within a certain amount of time. These timeframes are outlined in statutes of limitations. For example, in general, the statute of limitations in Georgia workers’ compensation cases is one year. This means that if an injured worker waits longer than one year to file their claim, it will likely be barred as a matter of law.
In many cases, determining when a statute of limitations begins to run is very straightforward. However, that is not always the case. In some cases, involving a delayed onset illness that was a result of exposure to a dangerous substance, the date of exposure may be months or even years in the past. In these situations, courts will normally use the time from when the employee was diagnosed with the illness or disease.
While most Georgia workers’ compensation claims are filed by injured workers themselves, the Georgia Workers’ Compensation Act also permits for the payment of benefits to the surviving loved ones of an employee who died while on the job. In these situations, the statute of limitations is one year from the date of the employee’s death. However, the statute of limitations will not be applied to prevent a dependent minor or someone who is “mentally incompetent” from pursuing a claim for compensation.