Legal Question in Workers Comp in Georgia

Time Limit for benefits for follow-up Dr's services/

I injured my back in May 2000 while at school where I work as a Substitute Teacher. I received initial benefits for both Physician's Care & PT. My back flares up on me occasionally while performing normal daily activities (bending, picking up/moving moderately light objects, walking/standing for any extended length of distance/time, I have not been back to a physician since August of 2000. I usually do as I was shown during the physical therapy(exercise,hot/cold treatments and take overthecounter medication. This usually is sufficient & my back/leg seems to be normal in a few days. I also do not want to be a liablity to the school system, so I do not run to the Dr. upon each flare-up. This time the self-help treatments are not helping & it has been a week without any relief. I have been able to work, though I have to move slowly. Yet, I feel the time has come that I seek medical attention. I probably should have months ago, but as previously stated, I have been putting it off as not to be a liablilty to my employer. Am I still entitled to workmen's comp benefits to seek professional help even though it has been almost 2 years since I have seen a physician concerning this injury?


Asked on 4/25/02, 6:41 pm

1 Answer from Attorneys
Lisa Schrage Law Offices of Lisa S. Schrage, P.C.

Re: Time Limit for benefits for follow-up Dr's services/

If you attempt to return to the doctor, your employer/insurer may claim that the statute of limitations has run on your claim. Under Georgia Law, you must file a claim with the State Board within one year from the date of your last approved medical care or two years from the last receipt of income benefits. From the facts you have given, it has been well over one year since your last approved medical. If you have not filed a WC-14, Notice of Claim, your employer/insurer would have a valid statute defense. However, if you recently had a flare-up of back problems, this condition may be considered an "aggravation" of your pre-existing condition. This could be a new claim of injury which would entitle you to medical care. In order to claim an aggravation, you must have had a specific event or your job duties must have changed (gotten more difficult). I would report the problem and try and point to a specific event that led to the flare-up. Good luck.

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Answered on 4/26/02, 9:45 am


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