My husband quit his maintenance job in Sept of 2013 after working with them for 5 years. He hurt his back prior to quitting and now can barely move or get out of bed. It’s hard to keep up with all of the medical costs and lost wages.
Are we still able to file a worker’s comp claim, after a year has gone by?
There are several details to determine if your husband still has a valid claim. First is the notice provision of workers’ compensation in Georgia. It requires that you notify your employer as soon as practical of your work injury, however if you do not notify them after 30 days you may be barred or not allow to bring a Georgia workers’ compensation claim.
If your husband did provide the employer notice the next question is has he received any medical treatment from the employer for the injury he complained to the employer about? If no, you have one year from the date of injury with which to file a claim if you have provided the employer notice.
Since your husband quit his job, if he has a claim it is a medical only claim and that means the workers’ compensation insurance company may not have to pay weekly income benefits. In other words, it means that the workers’ compensation insurance company may only be required to pay for his medical care if they are required to pay anything.
These types are claims are very fact specific, so you should speak with a Georgia workers’ compensation attorney to gather more specific information about your husband’s potential claim.
Be informed. Be aware. Be prepared.
Ty Wilson is a Georgia workers compensation attorney, serving Chatham, Effingham, Bryan, Bulloch, Liberty, Long, McIntosh, Wayne, Glynn, Camden, Brantley, Appling, Tattnall counties , who provides free information to the injured and the families of injured workers. Visit tywilsonlaw.com to order his FREE Georgia workers compensation “Special Reports” and to read his many articles and to watch his videos.
If you have specific questions for a workers compensation attorney in Georgia, give Ty at call 912-508-4711.