It’s bad enough that you got hurt on the job. It seems like the world is just adding insult to injury when your workers compensation claim is denied. Even if the denial letter tells you why your claim was denied, you may still be confused. The best way to know what’s going on behind the scenes is to talk to an Atlanta workers comp lawyer. They can reach out to the insurance carrier and your employer and find out what’s going on. They’ll find out what they can do to rectify your claim. If this isn’t possible, they’ll suggest that you file suit against your employer.
Now, this lawsuit will be filed under workers compensation. It will not be the same as a personal injury lawsuit. You can’t demand damages for things like pain and suffering. All your workers compensation attorney in Atlanta is asking the insurance company to do is make things right. If they truly feel you’re entitled to workers comp benefits, they’ll press the issue.
If you still have questions about your own workplace accident, give us a call. We can schedule your free, initial consultation right over the phone. If you prefer, you can even schedule your own appointment through our website.
Not Everyone is Guaranteed Workers Compensation Benefits
Despite what you may have heard or read online, not everybody is entitled to workers compensation benefits. If you don’t meet certain criteria, your claim will be denied. Furthermore, there are certain categories of workers who aren’t allowed to even apply for these benefits.
In order to qualify for workers comp in Georgia, your workers compensation attorney in Atlanta must prove the following:
- You suffered an accident while on company property and while on company time
- You reported your accident and injuries right away
- You were not under the influence of drugs or alcohol at the time of your workplace accident
- You agreed to take the drug test as required
- You had no problem being treated by a state-approved doctor
- You complied with your treatment plan
If you meet all of these criteria and your claim is still denied, you have a problem. This is when it’s time to meet with an experienced Atlanta workers comp lawyer.
You Should Give Your Atlanta Workers Comp Lawyer a Copy of Your Denial Letter
In order for your workers compensation attorney in Atlanta to help you, they’ll need a copy of your denial letter. This will either have the reason for the denial or it will reference a code. Either way, your attorney needs this information in order to appeal your claim. This way, they know how to rectify it. Some of the more common reasons workers comp claims in Georgia are denied include the following:
- The insurance company (or your employer) doesn’t believe you were hurt on the job
- You had a pre-existing condition
- You were high or drunk at the time of your accident
- You never reported your injuries
- You refused to be treated by a state-approved workers comp lawyer
- You had another job while collecting workers comp benefits
- You aren’t technically an employee
Regardless of the reason, your Atlanta workers comp lawyer will do their best to get your claim paid. If this isn’t possible, they’ll have no choice but to file suit on your behalf.
If This Doesn’t Work, You Can Always File Suit Against Your Employer Under Workers Comp
Nobody wants to sue if they don’t have to. Not only does this make things tense between you and your employer, but it drags things out as well. You don’t have any income while you’re out of work waiting for your claim to resolve itself. You also have no idea if your employer is going to cover your medical bills. This can be scary. While your Atlanta workers comp lawyer will try to keep you hopeful, you just have to wait for things to play out.
Ideally, when your employer learns that you’ve hired a workers compensation attorney in Atlanta, they’ll change their tune. Rather than fight it out with your attorney, they may be more willing to play ball. Don’t be surprised if they suddenly agree to pay your claim once your attorney sends a letter of representation.
With So Much at Stake, You Should Retain an Atlanta Workers Comp Lawyer
It may seem like it right now, but there’s a lot at stake with your workers compensation claim. You may figure that, worst case, you can go on disability. Or you may assume that you can file for unemployment. One thing your Atlanta workers comp lawyer will tell you is that it’s never that simple. Qualifying for disability is a lot harder than qualifying for workers compensation. And, unless your employer fires you after your workplace accident, why would you file for unemployment?
Your only options at the moment are to appeal your claim or, if need be, file suit against your employer. In either case, you may feel like you’re in over your head. You’ve probably never sued anybody in your life. As for filing an appeal, it seems like it would be a futile effort. Won’t your appeal go to the same people who denied your claim the first time around?
While this may be true, having a workers compensation attorney in Atlanta can help matters. They have a working relationship with a lot of the insurance carriers. They are also familiar with the workers compensation and insurance attorneys in Georgia. They’ll have a much better chance of negotiating a settlement than you will.
We recommend that you contact our office as soon as possible. Take a couple of days to heal after your workplace accident. Then it’s time to get down to business. Schedule your free, initial consultation and sit down with one of our seasoned associates. They’ll let you know how best to proceed and whether you have a valid claim.