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If you were injured on the job and intend to make a workers’ compensation claim, there are certain time limitations you must know about. The first concerns the duty to provide your employer with “notice of injury.” An injured employee or his/her representative (commonly referred to as the “claimant”) must give the employer (or the employer’s representative, agent or even the injured employee’s own supervisor) notice of the injury “immediately on the occurrence of any accident or as soon thereafter as practicable,” but in no event later than “thirty days after the occurrence of an accident or within thirty days after death resulting from an accident.” OCGA § 34-9-80. Failure to provide timely, proper and sufficient notice of injury to your employer can result in the denial of your claim.

Once notice is provided, your actual workers’ compensation claim must be filed within the appropriate statute of limitations. This varies depending on the circumstances of your particular case. Where all issues of workers’ compensation are involved, the length of time you have depends on whether the employer has already provided you with medical or income benefits. If not, then you probably only have one (1) year from the date of injury in which to file your claim. A claim is filed by delivering a properly completed “Notice of Claim/Request for Hearing” form to The State Board of Workers’ Compensation. The various statutes of limitation for filing are as follows:

  1. One year from date of injury;
  2. One year from date of last employer provided remedial treatment; and
  3. Two years from last payment of weekly income benefits.

See generally O.C.G.A. § 34-9-82. To determine which applies to your specific claim, contact one of the experienced workers’ compensation lawyers at Burnside Law Firm LLP.

If you fail to file your claim within the appropriate statute of limitations you will not be entitled to recover, and the State Board of Workers’ Compensation will have no jurisdiction to entertain your claim. In other words, your claim will probably be dismissed.

Since the notice and claims limitation periods vary from case to case depending upon the circumstances, you should seek legal advice promptly to make sure your rights are protected. If you have been injured on the job and wish to speak with an experienced attorney about your right to workers’ compensation benefits, contact the law office of Burnside Law Firm for a free initial consultation.

DISCLAIMER: The general information outlined above is not intended as legal advice in your particular case. Every case is different and depends upon its own individual facts and circumstances. Therefore, you cannot rely upon this information as legal advice and should contact an attorney at Burnside Law Firm LLP for specific advice about your particular case.

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Contact Us

Augusta

2919 Professional Pkwy

Augusta, GA, 30907

Phone: (706) 432-8320

Athens

325 North Milledge Avenue

Athens, GA, 30601

Phone: (706) 227-4264

We have recovered millions for our clients

The attorneys at Burnside Law Firm LLP have over 30 years of collective experience handling personal injury claims. Over that time, we have helped hundreds of injured people recover the compensation they deserve and need in order to begin putting their lives back together. This list is just a sample of the recoveries we have obtained for some of our clients here and during our time at our former firm, Burnside Wall LLP. Obviously, success in obtaining significant judgments and settlements for other clients is no guarantee of success in your case. Each case must be evaluated and handled based on the individual merits of that particular case. To discuss the facts of your case and learn more about your legal rights, contact one of the personal injury attorneys at Burnside Law Firm LLP for a free initial consultation.

Medical Malpractice / Head Injury

$4,500,000 settlement

Pharmacy & Prescription Error

$1,800,000 settlement

Medical Malpractice / Anesthesia Injury

$1,600,000 settlement

Auto Accident / Multiple Fractures

$1,250,000 judgment

Auto Accident / Wrongful Death

$1,000,000 settlement

Dram Shop / Wrongful Death

$1,000,000 settlement

Read more

Meet The Team

Thomas R. Burnside III Personal Injury Attorney

Thomas R Burnside III

Thomas R. Burnside III is a personal injury lawyer who focuses his law practice on the representation of individuals who have suffered injury as a result of automobile collisions, trucking accidents, medical malpractice, work related accidents or other causes. With over 20 years of experience in personal injury law at both the trial and appellate court levels, Attorney Burnside has represented people with brain and head trauma...

Meet Thomas Burnside
Garon Muller Personal Injury Attorney

Garon Muller

Garon Muller is a trial lawyer who focuses his law practice on the representation of individuals who have been seriously injured or damaged through the negligence or recklessness of others, including automobile collisions, workplace injuries, premises injuries, or defective products. Before beginning his practice in the representation of injured individuals, Mr. Muller served the community as an Assistant District Attorney...

Meet Garon Muller

Our Client Reviews

Burnside Law Firm

5.0 / 5.0

Based on 38 reviews

Erin Wren

After my car accident they helped me every step of the way! They were up front and answered any questions I had! They negotiated the insurance and got a higher settlement than was offered! I would definitely use them again!

Debbie Walker

In November 2017, I was in a car accident and I decided to seek out legal assistance. I chose to go with Burnside Law Firm, LLP because of their five star rating. My inital consultation was with attorney, Mr. Garon Muller. I knew immediately that I wanted Mr. Muller to take my case. His professionalism and expertise in personal injury made my decision easy. Mr. Muller maintained his professionalism throughout my case. He kept me updated on a regular basis via telephone or email. He was always available to me when I call. I did not have to wait 24 hours to get a call back from him. I would greatly recommend Mr. Muller and the Burnside Law Firm, LLP.

Rick Estep

Burnside Law Firm is who you want to represent you. Mr. Muller came to our house for a free consultation without hesitation. He guided us and overcame every obstacle we encountered. He secured the maximum insurance limits for us and we couldn't be more happy. If you are injured, DO NOT attempt to recoup compensation without the expertise of a trusted, skilled and able law firm to be your voice. THANK YOU MR. MULLER!!!

Alexander Hughes

Garon Muller with Burnside Law Firm makes client satisfaction his priority. Mr. Muller made sure that I had a lucid understanding during every discussion. He never made a decision without my input and made me feel like we were partners. Garon Muller was very professional and push for the maximum dollar amount from the insurance company. Me and my family considered ourselves blessed to have been represented by Garon Muller with Burnside Law Firm. We highly recommend Garon Muller and Burnside Law Firm! Burnside Law Firm staff are exceptional and exceeded our expectations.

Lynn Eldridge

I have known the Burnside family for many years. Recently Thomas was most helpful in getting my check following an auto collision. I highly recommend their firm.

Damien Williams

I definitely felt comfortable in there hands really good people.

Jacob Clements

Very very good law firm. Went above and beyond to make things right. Highly reccomend.

Barbara Huskinson

Burnside Law did what they said they would do. Garon Muller was great in communicating and looked out for my best interest in getting what was fair in my settlement. I would recommend Burnside to anyone.

Free case evaluation

    Augusta

    2919 Professional Pkwy

    Augusta, GA, 30907

    Phone: (706) 432-8320

    Athens

    325 North Milledge Avenue

    Athens, GA, 30601

    Phone: (706) 227-4264