2020 Analysis of Workers' Compensation Laws - 100

Chart XI-Administration: Notice to Employer and Claims, cont.
Jurisdiction

Administration

Florida

Division of
Workers'
Compensation

Georgia

Notice to
Employer

100 | 2020 Analysis of Workers' Compensation Laws

Claim Filing

How Claims Are Settled

Award Effect

Review by Agency

Modifications

Attorney's Fees

Within 30
days after
injury, death,
or employee's
first knowledge
of injury
or illness
(compensation
for each day's
delay)

Within two years after injury
or death, or one year from
last payment or authorized
medical treatment.

By lump sum, payment to the
injured worker allows total
closure of claim at any time if
the worker is represented by
an attorney. If the employee
is not represented, lump-sum
settlements are permitted after
MMI or when the carrier filed
a denial within 120 days after
date of injury.

Parties must comply
with an order within
10 days after it
becomes final.
If a party fails to
comply, enforcement
by rule nisi in a
court of competent
jurisdiction.

 

Joint petitions or
stipulations so ordered
by judges are not
subject to modification.

Sliding scale subject
to approval of judge of
compensation claims or court.

Board of
Workers'
Compensation

Within 30 days;
excusable

Within one year after
injury, death, or provision
of remedial medical care or
within two years after last
payment of weekly benefits.

By agreement, subject to
approval of board.10

Judgment in
Superior Court on
certified copy of
award.11 Parties must
comply with award
or appeal within 20
days. If failure to
comply or appeal,
party may obtain
judgment in Superior
Court on certified
copy of award.

By Appellate Division of
Board on application within
20 days

By board on application
or own motion within
two years after final
payment (four years for
PP). Final settlement
may not be modified.

Fees in excess of $100 subject
to board approval. Board may
assess attorney's fees against
any party who proceeds
without reasonable grounds
or fails to provide income
benefits as required. Maximum
recovery fee is 25% of income
benefit received.

Hawaii

Director of Labor
and Industrial
Relations

Forthwith;
excusable

Two years after date on
which effects of injury
become manifest but within
five years after date of
accident causing injury.

By agreement or decision that
must be prepared by director
within 60 days after conclusion
of hearing.12 If not agreed,
director makes award.

Judgment on filing
in Circuit Court

By Appellate Board within
20 days

By director on own
motion or any party on
own application within
20 days, but no later
than eight years after
decision

Subject to approval of director.

Idaho

Industrial
Commission

In writing 60
days after
accident;
excusable

Within one year after
accident or death.13

1. By agreement, subject to
approval of Commission.
2. Settled by Commission after
hearing.

Judgment in District
Court on filing
certified copy of
award

By commission within 20 days

By commission within
five years of accident,
but not more than once
in six months

Subject to approval of
commission. 25% without
hearing; 30% with hearing
and briefs filed. Disclosure
required.

Illinois

Illinois Workers'
Compensation
Commission

Within 45
days;14 for
radiological
injury, within
90 days after
worker knows
or suspects
exposure to an
excessive dose
of radiation.

Barred after three years
from injury or death, or two
years after last payment,
whichever is later. Radiation
and asbestos-within 25
years after last exposure
for injury.

By agreement, subject to
approval of commission after
seven days from injury. Disputed
cases settled by arbitrator.

Judgment in District
Court on filing
certified copy of
award

By commission within 30 days
of the parties' receipt of the
arbitration award

By commission within
30 months of agreement
or award. 60 months
for wage differential
awards.

Maximum 20% of
compensation paid, up to
364 weeks of PT disability.
Unreasonable or vexatious
delay by employer or carrier
in payment of compensation
may be penalized by cost of
attorney's fees.
2020 Analysis of Workers' Compensation Laws

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