2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 9 - Workers' Compensation
Article 3 - Procedure
Part 1 - Claims and Notice of Accident
§ 34-9-82. Limitation Period and Procedure for Filing Claims

1. The right to compensation shall be barred unless a claim therefor is filed within one year after injury, except that if payment of weekly benefits has been made or remedial treatment has been furnished by the employer on account of the injury the claim may be filed within one year after the date of the last remedial treatment furnished by the employer or within two years after the date of the last payment of weekly benefits.
2. The right to compensation for death shall be barred unless a claim therefor is filed within one year after the death of the employee.
3. The claim shall be filed with the board and should contain such information as may be prescribed by rule or regulation of the board.
4. The filing of any claim for injury or death under this chapter with any of the board's offices throughout the state shall be deemed proper filing with the board.

(Ga. L. 1920, p. 167, § 25; Ga. L. 1925, p. 282, § 2; Code 1933, § 114-305; Ga. L. 1978, p. 2220, § 2.)

- Time limitation on filing claims for disability or death resulting from occupational disease, § 34-9-281.

- For article discussing injury as a result of aggravation, see 14 Ga. St. B. J. 135 (1978). For article, "Change in Condition and New Accident: The Difference Between the Two, Elements of Each, and Burdens of Proof," see 46 Mercer L. Rev. 35 (1994). For article on annual survey of workers' compensation, see 38 Mercer L. Rev. 431 (1986). For annual survey article discussing workers' compensation law, see 52 Mercer L. Rev. 505 (2000). For article, "Workers' Compensation," see 53 Mercer L. Rev. 521 (2001). For annual survey of law of workers' compensation, see 56 Mercer L. Rev. 479 (2004). For annual survey on workers' compensation law, see 66 Mercer L. Rev. 247 (2014). For annual survey of workers' compensation, see 67 Mercer L. Rev. 287 (2015). For annual survey of workers' compensation, see 68 Mercer L. Rev. 333 (2016). For annual survey on decisions impacting workers' compensation, see 69 Mercer L. Rev. 357 (2017). For note discussing compensation under the Georgia Workers' Compensation Act original injuries aggravated by subsequent injury, continued employment, or ordinary activity, see 31 Mercer L. Rev. 325 (1979).

ANALYSIS

• General Consideration
• Limitation Period
• Tolling of Limitation
• Procedure for Filing Claim

Filing of workers' compensation claims can only be done by the claimant or the claimant's legal representative. 1960-61 Op. Att'y Gen. p. 590.

Period of time a person has been retired from or has not been employed by a school system would not be of any particular significance as to the former employer's workers' compensation coverage; this is not to say that there are not notice of accident filing requirements and filing of claim requirements which must be complied with in order for an employee or former employee to make a proper claim for compensation. 1977 Op. Att'y Gen. No. 77-38.

RESEARCH REFERENCES

Am. Jur. 2d.

- 82 Am. Jur. 2d, Workers' Compensation, § 527 et seq.

- 100 C.J.S., Workers' Compensation, § 939 et seq.

- Applicability of general statute of limitations to action, or proceeding under workmen's compensation acts, 16 A.L.R. 462; 40 A.L.R. 495.

Limitation of time for filing claim under workmen's compensation as jurisdictional, 78 A.L.R. 1294.

Construction and application of provisions of workmen's compensation acts regarding allowance for aggravation of injury from same accident after time limited for filing claim, 105 A.L.R. 971.

Workmen's compensation: date of accident or date when injury becomes manifest as time from which period for filing claim commences to run, 108 A.L.R. 316.

Computation of period for filing death claim under workmen's compensation statutes, 119 A.L.R. 1158.

Payments, furnishing medical or hospital services, or burial, by employer or his insurer, to employee after injury, as affecting time for filing claim under Workmen's Compensation Act, 144 A.L.R. 606.

Effect of fraud to toll the period for bringing action prescribed in statute creating the right of action, 15 A.L.R.2d 500.

Validity, and applicability to causes of action not already barred, of a statute enlarging limitation period, 79 A.L.R.2d 1080.

Statute of limitations: effect of delay in appointing administrator or other representative on cause of action accruing at or after death of person in whose favor it would have accrued, 28 A.L.R.3d 1141.

Effect of injured employee's proceeding for workmen's compensation benefits on running of statute of limitations governing action for personal injury arising from same incident, 71 A.L.R.3d 849.

Fraud as extending statutory limitations period for contesting will or its probate, 48 A.L.R.4th 1094.

When limitations period begins to run as to claim for disability benefits for contracting of disease under Workers' Compensation or Occupational Diseases Act, 86 A.L.R.5th 295.

When time period commences as to claim under workers' compensation or occupational diseases act for death of worker due to contraction of disease, 100 A.L.R.5th 567.