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The term, “statute of limitations” refers to the amount of time in which you have to file something, whether it be a police report or a lawsuit. It’s easy to remember by it’s abbreviation…SOL….because once the statute of limitations runs out, that’s exactly what you are.

Workers’ Compensation is no different. There’s a statute of limitations for almost everything related to the claim. There are two different types of statutes of limitations in Georgia Workers’ Compensation: the all issues SOL and the change in condition SOL.

All Issues Statute of Limitations

When you first get injured at work, the all issues statute of limitations applies. The all issues statute only applies if the employer isn’t currently paying weekly income benefits. Even if the employer is paying for medical treatment currently, if they are not paying income benefits, the all issues statute still applies.

Three measuring periods encompass the all issues statute of limitations:

1) One year from the date of injury. This is not the same as one year from the date of accident. This means the clock for the statute of limitations starts ticking once the injury manifests itself.

2) One year from the last medical treatment paid for by the employer. Every time you go to the doctor to receive treatment, the statute restarts.

3) Two years from the last payment of weekly income benefits.  If you received weekly income benefits from the employer, you have two years from that last payment to file your claim. Every time you receive a payment, the statute restarts.

In the event of an occupational disease, you have one year from the date you became aware you had the disease to file a claim. You have a maximum of seven years from the last time you were exposed to this material to file a claim. So if your symptoms manifest more than seven years after the exposure, you cannot file a claim.

Change in Condition Statute of Limitations

Under Georgia law, a change of condition is defined as ” “a change in the wage-earning capacity, physical condition, or status of an employee or other beneficiary covered by this chapter, which change must have 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.” The injured worker has two years from the date of the last income benefit payment or four years from the last PPD payment to file a claim for change in condition.

Have a question about statute of limitations that hasn’t been answered in this article? Call Bobe and Snell Law Office for a free consultation!

 statute of limitations

Statute of Limitations in Georgia Workers’ Compensation

The Law Office of Bobe & Snell is dedicated to providing superior representation with skilled and experienced attorneys to either pursue your rights under the Workers’ Compensation Act or defend your interests as an uninsured or insured employer. With over 25 years experience, Bobe & Snell are ready, willing, and able to provide you with the best representation possible.

Workers across the country may be exposed to both visible and invisible hazards in their workplace. This is true whether they work at a construction site or in a relatively safe office. Fortunately, workers are protected by a group of laws requiring employers to provide their employees with a safe workplace and protective gear, if necessary.

Every year, approximately 1.8 million workers suffer on-the-job musculoskeletal disorders (MSDs) and repetitive stress injuries (RSIs) such as carpal tunnel syndrome, tendonitis, nerve damage, and debilitating shoulder and back pain. Many occur as a result of sitting in front of a computer all day and either not having a well-designed work station or not taking enough rest breaks

With years of experience in assisting clients claim the benefits they deserve, we can offer you sound legal advice and assistance.

10 Questions to Ask a Workers’ Compensation Attorney

When you’ve filed a Workers’ Compensation claim, sometimes the insurance company doesn’t treat you as you should be treated. Sometimes the insurance company might unexpectedly deny your claim, withhold benefits, or delay your medical treatment. In this event, you need to consult with a Workers’ Compensation attorney.

However, there’s a lot of Workers’ Compensation attorneys in Georgia, so how do you choose one that you can connect with and that will handle your claim properly?  Do research online and see reviews that people have given attorneys. Reviews can go a long way. Also ask your family or friends if they have any recommendations for attorneys.  Don’t just go with the first attorney that you see in the yellow pages. Make sure you do your due diligence, as finding the right attorney is important. After you’ve narrowed it down to just a few attorneys, develop a list of questions to ask them.

10 Questions to Ask a Workers’ Compensation Attorney

Here’s 10 questions that we recommend that you ask your prospective Workers’ Compensation attorney before signing an agreement with them.

1. Are you a Board Certified workers’ compensation specialist?  What states are your board licensed in?

You want to make sure that you get an attorney who has a specialization in Workers’ Compensation.  If not, then you’re just wasting your time and money because they won’t be qualified to help you.

2. How many years of experience do you have?

If it’s a complex claim, you want an attorney that has 10 or more years of experience. Don’t go with an attorney that is fresh out of law school.

3. Do you a free telephone or office consultation?

Prioritize attorneys that offer a free telephone or office consultation. You don’t want them to give free advice all of the time, but you certainly don’t want to pay money to attorney that will wind up not being able to help you.

4. Do you take your cases to hearing?

You want an attorney that will take your case to hearing if required to get the benefits you deserve.

5. What about litigation costs?

You want an attorney who will try to keep  the litigation costs low – it’s expensive to go to court!

6. Will you meet with me at home or on evenings or weekends?

If your spouse works and you want them to be there when your attorney comes over, then it’s really beneficial to have an attorney that will meet with you outside of traditional office hours.

7. How much does it cost to hire your law firm?

Many Workers’ Compensation attorneys handle workers’ compensation cases on a contingency fee basis.  That means that receive a percentage of what you win only if the attorney wins your case.

8. How quickly do you return telephone calls?

You want an attorney who is responsive and will return calls within 24 hours.

9. Do I need a GA workers’ compensation lawyer?  

If you have been seriously injured, are not receiving the benefits you deserve, are considering a settlement, or have questions about your claim, you should contact an experienced workers’ compensation attorney in Georgia.

10. How do I get started with my Georgia Workers’ Compensation case?

Call Bobe and Snell law office at 470-268-5802 for a consultation today!

alpharetta workers compensation law

10 Questions to Ask a Workers’ Compensation Attorney

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Do I Have to Deal with Insurance Forms?

If you’ve been in a Workers’ Compensation accident or have been in a Workers’ Compensation accident, you know that it’s no fun to go through. There’s many things that need to get done in a very short period of time. Also, you’re injured and not feeling well when you have to do these things. One of these is fill out forms. In any insurance claim, you have to fill out forms. Workers’ Compensation is no exception.

Dealing with Insurance Forms

When you have a new injury, you will need to fill out an initial report of injury, or a form WC-1, with your employer. Typically if you do not do this within the first 30 days of being injured, your claim won’t be accepted. The employer then sends this form into the injury company, and the insurance company then receives initial notice of the claim.

The injured worker must also fill in a WC-6, or wage statement, after he or she is injured so that the insurance company can determine the average weekly wage of the injured worker. In most states, the injured worker gets 2/3 of the average weekly wage.

Once you have seen a doctor, fill out the form WC-14, or initial notice of claim. Return a copy to the state board and the insurance company. Also provide a copy to your employer.

When you are initially injured, you will select from a panel of physicians. You choose from a doctor on that panel and treat with him at the insurer’s expense. You can also make one allowable change from one panel doctor to another one without having to consult the insurance company or the Workers’ Compensation Board first. You will have to file a form for any future changes, and get approval with the Workers’ Compensation Board if you obtain another panel doctor change.

If you decide to retain an attorney, you’ll file the appropriate paperwork with your attorney to notify the insurance company. The attorney will then file all future paperwork for you on your behalf. They will file the notice of attorney. They will even file all of your settlement paperwork for you so you don’t have to worry about that either.  Once you hire an attorney, you’ll need to file little to no forms with the insurance company. The attorney does all the state filing for you.

So if you’re overwhelmed by your claim forms and don’t know where to turn, contact Georgia attorney Bobe and Snell!


Insurance Form

When you or your loved one suffer an injury as the result of somebody else’s action, perhaps it seems natural that the person would offer to compensate you for your injury, or that their insurance company will do the right thing and offer a fair settlement. Unfortunately, that rarely happens.