Legal Question in Workers Comp in Georgia

what is the time limit on an injury from employment if surgery is the issue

i was injury on my job some years ago and i tried to get workers comp. but didn't is there anything i can do now you will have to know the whole truth first.


Asked on 3/31/04, 1:48 pm

2 Answers from Attorneys

Lisa Schrage Law Offices of Lisa S. Schrage, P.C.

Re: what is the time limit on an injury from employment if surgery is the issue

Whether or not you will be able to collect indemnity benefits or get medical treatment covered under workers� compensation depends on a number of things. If you attempted to collect workers� compensation after your initial injury, did you file a claim with the State Board of Workers� Compensation and preserve your right to pursue your claim (toll the statute of limitations)? You have one year from the date of injury, one year from the last approved medical treatment or two years from the last receipt of indemnity benefits to file a claim. If you filed a claim, you have five years to pursue that claim and go to a hearing. In order to determine if you can still pursue your claim, I recommend that you consult with an attorney so that all of the facts in your case can be considered. Good luck.

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Answered on 3/31/04, 2:00 pm
Lee Biola Law Office of D. Lee Biola, LLC

Re: what is the time limit on an injury from employment if surgery is the issue

You may be able to get medical and income benefits if you filed a workers' compensation claim (form WC-14) within one year of your injury, within one year of payment of any medical benefits or within two years of payment of any income benefits (which it sounds like you did not get). There may also be a possibility of pursuing a claim if fraud was involved in denial of your benefits. As your message says, a lawyer would need to know the whole truth first before telling you whether a claim is possible. I encourage you to consult an attorney as soon as possible.

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Answered on 3/31/04, 2:44 pm


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