An injured worker has 30 days to initially report their injury, so if the injured worker waits, the claim has already been delayed. It’s important to file your claim as soon as you’re injured to get the process started. The sooner your file your claim, the sooner it can be settled.
Different states have different laws regarding worker’s compensation rights. There may be some similarities in the laws of each state, it is still best to consult laws from an Atlanta workers compensation attorney who specialize in the state. An employee who has recently been injured or having problems with worker’s compensation claim would need compensation attorney to represent and interpret employee’s compensation laws.
During your first meeting with an attorney, don’t hesitate to ask as many questions as possible. This includes inquiries about what you should expect, how much it will cost and anything else you are wondering about. You’ll want to be as comfortable in this process as you can be, and asking questions can help.
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.
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!
One of the issues that every injured worker faces in their Georgia Workers’ Compensation claim revolves around medical treatment. After an authorized treating physician has been assigned to the claim, it is very import for the injured worker to be involved in their treatment and to follow the advice of their medical providers.
Filing a personal injury suit is a challenging, often prolonged experience. So, your attorney must be experienced in this field. Find someone that has won several personal injury cases to ensure that your case is properly handled.
Occasionally there are extenuating circumstances under which exceptions or extensions can be made regarding statutes of limitations for workers compensation cases. But if you have been hurt or injured on the job, time obviously is of the essence. A great first step is to consult with an attorney who is knowledgeable about the workers compensation laws in your state.
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.
The main aim of the workers’ compensation death claims is to compensate the people who have suffered a loss. Do not hold back, get the help of experienced lawyers and have peace of mind. This is how workers compensation attorneys help with death claims. 470.268.5802.
If you or someone you know has a traumatic brain injury, the successful outcome of a lawsuit may help compensate for expenses involving permanent disability, income loss and mental distress. Traumatic brain injuries that result in a fatality may be grounds for a wrongful death lawsuit.
We can help you receive the compensation benefits that you are entitled to after an accident occurred. If you would like more information on how workers compensation attorneys help with on the job, slip & fall, don’t hesitate to contact us today.470.268.5802
In case you are involved in a moderate to serious injury or fall sick as a result of your work call 470.268.5802. With several Atlanta construction accident lawyer available, it is important to select one who is reputable and has a good history of winning compensation claims.
Atlanta Workers Compensation Lawyer Getting the compensation you deserve in Atlanta Attorney Over 25 years experience We get the results you deserve 470.268.5802
If you’re not covered by workers’ comp insurance, you may have to file a personal injury lawsuit against your employer. Talk to a workers’ compensation attorney or personal injury lawyer for help understanding whether you’re entitled to compensation and how you can obtain it.
Some states have review boards that review your claim; in others the appeal is heard before an administrative law judge. If the review is denied, the next step is an appeal to the Workers’ Compensation Court of Appeals or other appeals board, depending on your state. Call us today to learn more 470.268.5802
Federal government employees, those who worked on nuclear weapons, maritime workers, and coal miners would be covered under one of several federal workers’ compensation programs. Call us today to find out more 470.268.5802
It’s important that when you do something, that you do it right the first time. This is why you don’t want to rush your Workers’ Compensation claim.
The amount of time that it takes to go through a Workers’ Compensation depends on the nature of the case. For example, a claim for a finger laceration can be a lot less time than a low back injury.
An injured worker has 30 days to initially report their injury, so if the injured worker waits, the claim has already been delayed. It’s important to file your claim as soon as you’re injured to get the process started. The sooner your file your claim, the sooner it can be settled.
According to the law of the state of Georgia, the insurance company has 21 days to investigate your claim. They will accept or deny your claim at that point. This is the norm, but there are exceptions to every norm. Sometimes the insurance company can take up to six months or more to investigate and accept or deny the claim. If the insurance company takes longer than three weeks to investigate and make a decision on your claim, it’s advised that you seek a consultation with a Georgia Workers’ Compensation attorney to protect your rights.
How long it takes for a non-litigated case depends on the injury and whether or not light duty is available. If it’s a minor injury and light duty is available, then the claim may only take several weeks from beginning to end. If it’s a more complicated injury like a fracture or a herniated disc and light duty isn’t available, then the claim could take several months or more.
If a claim is contested or litigated, then it could extend the shelf life of the claim by anywhere from a few months. If an Independent Medical Examination is warranted, then it could be a few month’s wait until the injured worker is able to see the doctor. The ligation could take anywhere from 8 to 12 months. The trial itself is spread out over the course of several months, and can be quite exhaustive.
After the claim is settled, it can be a few months before you receive your settlement benefits. The attorney should constantly be reminding about payment if 14 days have gone by since the settlement award has been issued and no payment has been made.
There are cases when an injured worker is permanently and totally disabled. In this case, their claim never really ends because they will always have some sort of medical treatment. Especially in these cases, it’s important to have an attorney that you can trust like Bobe and Snell.
If you’re injured while at work or develop a job-related occupational disease, you should notify your employer as quickly as possible. You should promptly seek medical treatment for your injury. Make sure to tell the doctor that your injury occurred on the job or in connection with your job. Once you’ve sought medical treatment for your injury or disease, you should consider contacting a workers’ comp lawyer to help guide you through the process of applying for workers’ compensation.
Georgia Workers Compensation lawyer If you are facing serious work related discrimination or you feel you have a case, you need to hire an attorney. Contact our office now.
Psychological stress after an injury can lead to behavioral changes, insomnia, mental illness, and disability. Unfortunately, they can also be easily contested by an insurer, leading to inadequate, or no compensation. Let our experienced attorneys to help you today
Most injuries that can be classified as work-related are those that occur at the workplace, but also may occur in company-owned trucks and other locations as long as the employee was doing something connected to his or her job. This includes company parties and other social events sponsored by an employer, but not necessarily on company-owned property.
Georgia Workers Compensation lawyer If you are facing serious work related discrimination or you feel you have a case, you need to hire an attorney. Call us today 470.268.5802
In most states, employers are required to purchase insurance for their employees from a workers’ compensation insurance carrier. In some states, larger employers who are clearly solvent are allowed to self-insure, or act as their own insurance companies, while smaller companies (with fewer than three or four employees) are not required to carry workers’ compensation insurance at all. When a worker is injured, his or her claim is filed with the insurance company, or self-insuring employer, who pays medical and disability benefits according to a state-approved formula. Unless they fall within limited, exempt categories, employers without workers’ compensation insurance are subject to fines, criminal prosecution, and civil liability
A common misconception is that states pay out workers’ compensation benefits when, in fact, it is private insurance companies. Employers are required by law to carry workers’ compensation insurance to cover employees in case they are injured on the job. Much like personal auto or fire insurance claims, workers’ compensation claims are handled by an adjuster from the insurance company and the company pays out any benefits.
