If you have been injured in the workplace, you are entitled to workers’ compensation benefits. However, it’s quite common for your employer’s insurance carrier to deny your benefits or try to suggest a lower amount than you are entitled to. An Atlanta workers’ compensation disputes lawyer will fight to make sure you receive everything that you are owed.
Our team of Atlanta workers’ compensation lawyers are dedicated to helping injured employees. Here is what you need to know about workers’ compensation cases in Georgia and what you need to do in the event that your claim is denied.
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What Are The Causes of Workers’ Compensation Disputes in Atlanta?
Here are some of the reasons why your workers’ compensation benefits might be denied in Georgia.
Failure To Get Prompt Medical Attention
After a workplace injury, you are required to get medical attention as soon as possible. Failure to do this means you will be jeopardizing your own health and your workers’ compensation claim. It’s quite likely that your employer or their insurance company will reaffirm that the injury happened by something else besides the workplace.
Once you are injured, make sure your employer provides you with the best information on where to get treated immediately. Don’t go to your personal doctor because it might compromise your case too. Make sure you collect all the relevant documentation about your injury and treatment for your compensation claim process.
Failing To Report An Injury To The Employer Immediately
If you don’t report an injury to your employer immediately, it means you will have a lot of trouble getting compensation for it. You might feel like it’s a minor injury so there is no need to report it. Even worse, you might be worried that your employer will be bad that you reported an injury such that something bad will happen at work.
Well, you should know under Georgia law an employee should not retaliate against you if you have reported an injury at the workplace.
Failure To Pass A Drug Test
Most workers’ compensation claims are denied if the employee is under the influence of drugs or alcohol at the time of the incident. Yes, if the accident happens when you are under the influence of drugs or alcohol, you will not qualify for compensation but there are some exceptions to that rule.
Note that, your employer is required to ask you to submit a drug or alcohol sample for testing immediately after an accident. If you refuse to take the test, it will become a presumption of guilt. If you fail the drug test, it will eliminate or reduce the chances of getting compensated for the injuries. Here, you need to work with an attorney to identify your legal rights and options.
A Pre-existing Injury Or Condition
If you have suffered a workplace injury and have failed to disclose any prior conditions or injuries, your claim will be denied. Note that, if you have pre-existing conditions that become worse after the workplace incident, you may qualify for workers’ compensation benefits in Georgia. It’s always a good idea to disclose your prior injuries to your employer to avoid a denial.
Employer’s Delay Tactics
If you are a victim of your employer’s delay tactics, it will mean that your compensation benefits will be automatically denied. You need to contact an attorney if you notice any delay tactics from your employer or their insurance company to avoid rejection of your claim.
No Witnesses
If there was no witness to your accident at work, your employer is likely going to lodge a dispute for your case. To get around this problem, you need to gather key evidence for your claim. You can hire the best attorney for the job to make sure you have the right type of evidence for your worker’s compensation claim.
Prior Record
Have you filed prior claims for workers’ compensation that are similar to your current condition? Well, that’s a good enough reason to cast doubt on the incident that might result in your claim being denied.
Accident Happened Outside Of Work
If the employer claims and proves that the incident happened outside of work, the claim might be rejected.
No Workers’ Compensation Policy
If your employer doesn’t have a workers’ compensation policy, you will not receive any benefits. However, if this happens, you can use the services of our law firm to find other remedies for your case.
What To Do If Your Workers’ Compensation Claim Is Denied In Atlanta?
The process for appealing a denied workers’ compensation claim in Georgia involves several steps.
- File a Notice of Claim: Within one year of the injury date, you must file a Form WC-14 with the Georgia State Board of Workers’ Compensation. This begins the workers’ comp appeal process.
- Administrative Law Judge (ALJ) Hearing: A hearing is typically scheduled within 60 days of filing the claim form. An administrative law judge will hear your case and determine whether or not you should receive workers’ compensation benefits due to your injuries.
- Appeal to Appellate Division: If you disagree with the ALJ’s decision, you have 20 days to file an appeal with the Appellate Division of the State Board of Workers’ Compensation.
- Superior Court Appeal: If the Appellate Division upholds the ALJ’s decision, you can appeal to the Superior Court within 20 days.
- Court of Appeals: If necessary, you can further appeal to the Georgia Court of Appeals within 20 days of the Superior Court’s decision.
While it is not a requirement to have workers’ compensation disputes lawyer by your side, it’s always a good choice. We can make the workers’ compensation appeals process less overwhelming by presenting your information to the Administrative Law Judge judge.
How Can an Atlanta Workers’ Compensation Disputes Lawyer Help?
Having a workers’ compensation disputes attorney can significantly improve your chances of a successful appeal, especially given the complexity of the process and the strict deadlines involved. Here’s how we can assist clients.
- Ensure proper filing: A workers’ compensation disputes lawyer can help you complete and submit all necessary forms correctly and on time.
- Evidence gathering: Lawyers can collect and present compelling evidence to support your case.
- Representation at workers’ compensation hearings: An Atlanta workers’ compensation dispute lawyer can argue your case before the ALJ and in subsequent appeal.
- Navigate complex procedures: Workers’ compensation laws can be intricate, and lawyers can guide you through the process.
- Negotiate settlements: Attorneys can negotiate with insurance companies on your behalf.
- Maximize benefits: They can help you maximize your Georgia workers’ compensation benefits.
Having a workers’ compensation dispute attorney can significantly improve your chances of a successful appeal, especially given the complexity of the process and the strict deadlines involved.
Call Our Atlanta Workers’ Compensation Disputes Lawyers Today
When you have been hurt while doing your job, you need to receive the compensation you deserve. If there is a denial, make sure you follow through with the appeal process to make sure you are compensated. At Workers’ Compensation Lawyers Atlanta, we are ready to help you with the appeal process if your claim has been denied in Georgia. Call us now at 470-518-5026 so we can start working on your workers’ compensation claim to avoid any hassles. We are ready to help!
