The Law Offices of Darwin F. Johnson

The Law Offices of Darwin F Johnson Explains when Workers' Compensation Cases Cannot Be Reopened


Atlanta, GA -- (SBWIRE) -- 04/15/2020 -- For workers compensation plaintiffs in Georgia, the road to a settlement can be long and confusing. Sometimes, it can be difficult to know if a long-running case is closed or dormant. These two designations are very different and it is important to know how to tell the difference. Once a case is officially closed, reopening it is nearly impossible. There are several reasons for a workers' compensation case involving a catastrophic work accident to be closed, and several specific reasons it can be reopened once it is closed.

Workers' compensation cases that have been settled and submitted in Georgia can generally not be reopened. If a case is approved, it means that the State Board of Workers' Compensation has reviewed and approved the case and settlement. In some instances, cases can be officially considered closed before the plaintiff starts receiving compensation.

If an employer or insurers fails to pay the agreed-upon settlement within 20 days, they are typically penalized 20% of the total compensation. Civil penalties can be awarded to employees who are not paid on time, but once closed, a case can only be formally reopened if there is proof of fraud by the employer or insurer.

Another thing for plaintiffs to consider is the statute of limitations in their case. In Georgia workers' compensation cases, the statute of limitations is expired if, it has been 1 year since a case ended and the employer has not paid, the plaintiff does file a notice of claim within one year of their last medical treatment, two years have gone by since the plaintiff received indemnity benefits and no claim has been filed.

These caveats can be confusing for an injured worker to navigate without the right counsel. Anyone who has a pending workers' compensation case involving a neck or spinal injury and hasn't received full compensation should visit for more information.

About The Law Offices of Darwin F. Johnson
The Law Offices of Darwin F. Johnson provide legal defense for individuals all throughout the greater Atlanta, Georgia area. He provides effective legal defense for individuals unjustly injured while at the workplace and gets them the compensation they need. Clients of Darwin F. Johnson don't pay unless he delivers compensation.

Reach the Law Offices of Darwin F. Johnson today by phone at 404-692-6482.

For more information, please visit