Numerous factors can affect how long a workers’ compensation claim will take in Georgia, including the types of benefits pursued and the length of negotiation between the two sides. In some cases, you may begin receiving wage replacement benefits within three weeks of your injury. However, you may have to wait several months to over a year to receive your full benefits.
How Soon Can a Workers’ Compensation Claim Start?
A workers’ compensation claim can start when you report the injury to your employer and file your claim. The State Board of Workers’ Compensation (SBWC) should send you Form WC-14 to complete. You can also obtain it from the SBWC website. The sooner you start, the higher the likelihood of receiving timely benefits.
Unfortunately, your employer can drag out the process even if you file your claim early. A workers’ compensation attorney can ensure that your employer cooperates and does not delay the claims process.
Do I Have a Time Limit for Notifying My Employer That I Was Injured?
You should notify your employer, foreperson, or immediate supervisor of your workplace injury as soon as possible. However, you must report it within 30 days of the accident. If you wait longer than 30 days, you may lose your right to workers’ compensation benefits.
While not required by law, you should report your injury in writing so that there’s a clear record that you did. Otherwise, your employer could accuse you of failing to report it and deny your claim. The written notice should contain the following:
- The injured employee’s name and address
- The time, place, nature, and cause of the accident and resulting injury
- The injured employee’s signature
What Is the Deadline for Filing a Workers’ Compensation Claim in Georgia?
Under Georgia law, injured employees must file a workers’ compensation claim within one year of the accident date. If the employee has received weekly wage benefits from their employer, they must file the claim within two years of the last payment.
What Can Affect How Long It May Take to Settle a Workers’ Comp Claim?
Various factors can affect the length of time it takes to settle a workers’ compensation claim, including the following:
- The timeliness and accuracy of your claim – Delays and inaccuracies in filing a workers’ compensation claim can prolong the process. An experienced workers’ compensation attorney can help ensure the timeliness and accuracy of your claim.
- The severity of your injuries – The more severe the injuries, the longer it may take to assess the full extent of the physical damage, required medical treatments, and potential for permanent disability. Once you reach the point of maximum medical improvement, your treating physician will assign a permanent disability rating. This rating may impact the type of benefits you receive.
- The responsibility of your employer – Some employers may try to avoid their responsibility to their injured employees and challenge or deny claims for benefits, which can prolong the battle to protect your rights.
- The quality of your legal representation – Hiring a knowledgeable, skilled workers’ compensation attorney can affect your workers’ compensation claim timeline. Often, aggressive, effective legal representation can shorten the time it takes to secure your rightful benefits.
How Long Can I Receive Workers’ Comp Payments?
According to the SBWC, injured workers are entitled to benefits and medical treatment for up to 400 weeks, depending on the circumstances. If your injury is catastrophic, you may be entitled to lifetime benefits. In certain circumstances, your benefits may be reduced after you have been released to work with limitations or restrictions. If you are released to return to work with no limitations or restrictions, your benefits may be suspended.
The duration of workers’ compensation payments also depends on the severity of your injury, its impact on your ability to work, and your long-term prognosis. Depending on the type of benefits you qualify for, workers’ comp payments may last for the following amounts of time:
- Temporary total disability benefits – If your injury prevents you from working for at least seven days, these benefits replace two-thirds of your regular weekly wages up to a maximum set by state law. Benefits last for up to 400 weeks.
- Temporary partial disability benefits – If you can work during your recovery but in a limited capacity, these benefits replace up to two-thirds of the difference between your pre- and post-injury weekly wages up to a maximum set by state law. They last for up to 350 weeks.
- Permanent partial disability benefits – These benefits apply when your injury results in permanent loss of a body part or bodily function, such as the loss of a limb or partial visual impairment. The amount and duration are set by law according to your specific injury.
What Happens If My Claim Is Denied?
You can request a hearing before the SBWC if your claim is denied. An administrative law judge will decide your claim based on the facts and evidence. A workers’ compensation lawyer can help you prepare for your appeals hearing and build a case proving that you deserve workers’ compensation benefits for your injury.
Contact a Georgia Workers’ Compensation Lawyer
If you suffered a workplace injury and need help securing workers’ compensation benefits, contact the experienced attorneys at Sherrod & Bernard, P.C., immediately. The time it takes to receive benefits can vary significantly, and injured workers often face numerous challenges. We can guide you through the process and advise you on how long it may take to receive the benefits you deserve. You do not have to tackle this daunting process alone. Contact Sherrod & Bernard, P.C., to speak with a Georgia workers’ compensation lawyer today.
