Georgia gives you one year to file a workers’ compensation claim. After that the law bars the claim, regardless of the evidence behind it.
The one year is not always counted from the day of the accident, and a second, shorter deadline for reporting the injury to your employer runs before it. Both are easy to lose track of while you are hurt and out of work. Georgia workers’ compensation puts the responsibility for filing on you, not on your employer and not on its insurance company.
How Long Do You Have to File a Workers’ Comp Claim in Georgia?
One year from the date of the accident. The rule comes from O.C.G.A. § 34-9-82, and the claim is filed on Form WC-14 with the State Board of Workers’ Compensation. Your deadline is met when the Board receives the form, not when you tell your employer.
Two situations run on a different clock. If a worker dies from a work injury, the family has one year from the date of death rather than from the date of the accident. For illnesses that build slowly, such as hearing loss, breathing problems from chemical exposure, or a shoulder worn down by years of overhead lifting, the year starts when you knew, or reasonably should have known, that the condition came from your job.
When Medical Treatment or Weekly Checks Extend Your Deadline
The one-year rule has two exceptions, and both depend on what your employer or its insurance company has already paid for.
- They paid for your medical treatment. You have one year from the date of the last treatment they paid for.
- They paid you weekly checks for lost wages. You have two years from the date of the last check.
Both exceptions turn on who paid the bill. Treatment covered by your own health insurance does not extend your deadline, and neither does a visit to a doctor your employer never authorized. Keeping every letter, check stub, and medical bill in one folder from the start is what lets you prove your deadline falls later than the insurance company says it does.
The 30-Day Deadline to Report Your Injury to Your Employer
Under O.C.G.A. § 34-9-80 you have 30 days to tell your employer about the accident, and your benefits can be barred if that notice is not given in time. This deadline runs well before your filing deadline. The rule is more forgiving when your employer already knew about the injury, though it is not a protection to rely on.
Anything written down and dated will serve as notice. Give it to a supervisor, keep a copy for yourself, and state when the accident happened, where you were, and how you were hurt. Legal language is unnecessary. You are entitled to understand any document you are asked to sign, and you can request it in Spanish or have someone you trust read it with you first.
The Deadline to Reopen Your Claim If the Injury Gets Worse
A back that handled light duty in the spring can give out by the fall. Georgia allows you to reopen income benefits through a change in condition claim under O.C.G.A. § 34-9-104, and that claim has its own deadline of two years from the last payment of temporary total or temporary partial disability benefits.
Medical bills related to your injury generally have to be submitted within one year of the treatment. Mileage reimbursement for your trips to the doctor has a deadline of its own.
Why Injured Workers in Georgia Miss the Filing Deadline
Workers rarely miss the one-year deadline through carelessness. A supervisor says the company is handling the paperwork, light duty feels steady, and the checks keep arriving, and nothing appears to be wrong until the checks stop and a year has already gone by.
Others hold off out of fear, either because they believe that filing will cost them their job or because they are unsure whether they are permitted to file at all. Workers’ compensation in Georgia covers injured employees regardless of immigration status, and every worker injured in Georgia has the same one-year deadline and the same right to use it.
What Happens After You File Form WC-14
Filing the WC-14 opens your claim with the State Board and requires the insurance company to take a position. It either accepts the claim and starts paying benefits, or it denies the claim and the dispute goes to a hearing in front of an administrative law judge, who hears both sides and issues a binding decision.
Many claims settle before they reach a hearing. Once the claim is on file the insurer has to respond to it, and that is usually where the conversation about money starts.
How Cruz & Associates Helps Georgia Workers Meet the Deadline
If you were hurt some time ago and have not yet filed, a short conversation about your dates will tell you how much time remains, and that conversation costs you nothing.
Cruz & Associates has represented injured workers in Georgia and Arizona since 1989. Our team is 100% bilingual, the consultation is free, and we work on a No Win No Fee basis, which means you pay nothing unless we recover for you. We represent clients regardless of immigration status. Our Atlanta workers’ compensation attorneys and our Phoenix workers’ compensation attorneys will review your dates and explain where you stand.
We are available 24 hours a day, and we will come to you at the hospital or at home. Request a free consultation or call the office closest to you.
- Atlanta: (404) 444-1111
- Phoenix: (602) 777-6666
- Tucson: (520) 567-8000
Frequently Asked Questions
How long do I have to file a workers’ comp claim in Georgia?
One year from the date of the accident, under O.C.G.A. § 34-9-82. If your employer or its insurer paid for your medical treatment, you have one year from the last treatment they paid for. If you received weekly income benefits, you have two years from the last payment.
What form do I use to file a workers’ comp claim in Georgia?
Form WC-14, filed with the State Board of Workers’ Compensation. Telling your employer about the injury is a separate requirement and does not count as filing a claim.
How soon do I have to report a work injury to my employer in Georgia?
Within 30 days of the accident. Missing that deadline can bar your compensation unless your employer already knew about the injury.
What if my injury got worse after I went back to work?
You may be able to reopen income benefits with a change in condition claim under O.C.G.A. § 34-9-104. It generally has to be filed within two years of the last payment of temporary total or temporary partial disability benefits.
Can undocumented workers file a workers’ comp claim in Georgia?
Yes. Georgia workers’ compensation covers injured employees regardless of immigration status, and the deadlines are the same for everyone.
