Is there a statute of limitations for filing a workers comp claim?


An injured worker must give the employer notice within 30 days of the accident. O.C.G.A. § 34-9-80. Actual notice or written notice is also sufficient.

Additionally, the injured worker has one (1) year from the date of injury or last remedial medical treatment to file his or her notice of claim with the State Board. O.C.G.A. §34-9-81. Notice must be provided with the WC-14 filing. In other words, simply telling your supervisor is not enough. You must file the Board Form to toll the statute of limitations. However, if the injured employee is receiving income benefits but was suspended and undergoes a change in condition for the worse, the worker can file a request for recommencement within two (2) years from the date of last payment of income benefits. O.C.G.A. § 34-9-104.

Likewise, claims for permanent partial disability benefits must be filed within four (4) years from date of last payment of income benefits.