The general rule in Georgia is that a claim for workers’ compensation benefits must be filed within one year of the accident date or the right to compensation is barred, not two years as in other personal injury claims.  However, the statute of limitations is tolled in cases where income or medical benefits have been paid to or on behalf of the injured worker.  In those cases, the employee has one year from the date of last remedial medical treatment furnished by the employer/insurer or two years from the last payment of weekly income benefits.  O.C.G.A. §34-9-82(a).  In cases involving the death of the employee, a claim must be filed within one year of the date of death.  O.C.G.A. §34-9-82(b).  “Any claim . . . required by this chapter to be filed with the board shall be deemed filed on the earlier of:  (1) the date such claim or notice is actually received by the board; or (2) the official postmark date such claim or notice was mailed to the board, properly addressed with postage prepaid, by registered or certified mail or statutory overnight delivery.”  O.C.G.A. §34-9-100(e).

          Note that while the Georgia State Board of Workers’ Compensation has discretion to excuse untimely notice of a work-related injury (see our previous blog), the Board does not have discretion to excuse the late filing of a claim.  “The board has no jurisdiction of the matter until the claim is filed, and no compensation can be granted on a claim filed after expiration of [one] year.”  Travelers Ins. Co. v. Hall, 128 Ga.App. 71 (1973).  Bottom line:  there is no way to prevent a claim from being barred by the statute of limitations if the facts establish it was not filed timely, so we highly recommend filing a claim with the State Board within one year of the accident date in all cases. 

An injured employee is required to provide the employer with notice of a work-related accident within 30 days.  O.C.G.A. §34-9-80 provides, in part, “no compensation will be payable unless such notice, either oral or written, is given within 30 days after the occurrence of an accident or within 30 days after death resulting from an accident unless it can be shown that the employee had been prevented from doing so by reason of physical or mental incapacity, or by fraud or deceit, or that the employer, his agent, representative, or foreman, or the immediate superior of the injured employee had knowledge of the accident, or unless a reasonable excuse is made to the satisfaction of the board for not giving such notice and it is reasonably proved to the satisfaction of the board that the employer had not been prejudiced thereby.”

In other words, if the employee or his representative fails to provide notice of the injury to the employer within 30 days, the entire claim can be barred.  (Citations omitted.)  The notice must be given to a supervisor or other superior employee, and mere notice to a co-worker is not sufficient.  (Citations omitted.)  The employee does not, however, have to give notice to the employer with the intent of claiming compensation, nor does the notice have to show the injury arose out of and in the course of employment or even that it occurred on the job.   (Citations omitted.)  Essentially, the employee does not have to specify how the injury occurred, that it occurred at work or was otherwise work related.  The employee is merely required to put the employer on notice of an injury sufficient to allow the employer the opportunity to investigate the injury, commonly known as “inquiry notice,” and that notice must be given within 30 days of the occurrence.