When you first get injured at work, the all issues statute of limitations applies and the all issues statute only applies if the employer isn’t currently paying weekly income benefits. Call us at 470.268.5802 if you have a question about statute of limitations
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!