If you have been injured in the workplace, you are entitled to workers’ compensation benefits. But, it’s very common for your insurance provider’s employer to deny your benefits or to offer a lower amount than you are entitled to. Worker’s Compensation Lawyers Coalition Atlanta can help ensure that you receive all the amount of compensation you’re entitled to.
We have extensive experience representing clients in workers’ compensation disputes in Austell. If your claim was denied, get in touch with our Austell workers’ compensation attorneys by calling 770-796-0919 today.
Table of Contents
What Are the Causes of Workers’ Compensation Disputes in Austell?
These are the main reasons that your workers’ compensation benefits could be refused in Austell, Georgia.
Not Getting Prompt Medical Attention
You must seek medical attention immediately following an accident at work. You will put at risk the security of your workers’ compensation claim and your health. There is a good chance that your employer or their insurance company will reaffirm that the incident occurred due to some other factor other than your workplace.
If you’ve suffered an injury, your employer should provide you with all the details you require to receive treatment. Your claim could be affected if you go to your own doctor. To file a claim for compensation, ensure that you keep all documentation relevant to the injury.
Failure to Report an Injury to the Employer Immediately
You will have trouble receiving compensation if you do not inform your employer as quickly as possible. It may seem like it was a minor incident, so you don’t have to notify your employer right away.
It is important to know that in Georgia law, employees must not retaliate against you if you report an injury in the workplace. It is your responsibility to be treated in the same way as the rest of the employees. No matter how serious or minor your injury might be, it is important to declare it within 30 days. It is possible to avoid delays in submitting your workers’ comp claim.
Failure to Pass a Drug Test
Most workers’ compensation claims are rejected when the worker is under the influence of alcohol or drugs during the incident. If the incident happens when you are under the effects of alcohol or drugs alcohol, you will not qualify for compensation but there are some exceptions to the rule.
Note that, your employer must ask you to submit samples of alcohol or drugs to be tested immediately following an accident. If you refuse to take the test, it will be a presumption of guilt. Failing the test will reduce or eliminate your chances of getting compensated for your injuries. You must work with an attorney to determine your rights under the law and possible choices.
Pre-Existing Injury or Condition
Your claim may be denied in the event that you do not report any prior injury or condition that could have caused your workplace accident. It is important to note that if have any prior injuries that get worse following the workplace incident and you’re eligible to receive workers’ compensation benefits in Georgia. It is always a good idea to report any prior injuries to your employer in order to avoid a denial.
Employer’s Delay Strategies
If you’ve been the victim of your employer’s delaying tactics, it could mean that your compensation benefits are automatically denied. To avoid your claim being denied, you must contact an attorney if your employer uses delay tactics or the insurance company.
If there is no one who witnessed the accident that occurred at work, your employer is likely to file a claim on your behalf. To circumvent this dilemma you must gather crucial evidence to support your case. To make sure you have the correct evidence to prove your worker’s claim to compensation, you should locate the right attorney for the job.
Have you ever filed claims for workers’ compensation that are comparable to the condition you’re currently in? That’s an excellent enough reason to cast doubt on the incident that could lead to your claim being rejected.
An Accident Outside of the Workplace
If the employer asserts and can prove that the incident occurred outside the workplace, the claim might be rejected.
No Workers’ Compensation Policy
If your employer does not have any workers’ compensation policy then you won’t receive any benefits. If this occurs then you are able to utilize the legal services provided by our firm to locate alternatives to your case.
What Should You Do If Your Workers’ Compensation Claim Is Denied?
It is essential to first provide an established reason for the denial. Then, make an appeal. You can ask for a hearing before the State Board of Worker’s Compensation. An administrative judge will look over your claim and decide whether you’re eligible for benefits from workers’ compensation for your injuries. After submitting the WC-14 form hearings will be scheduled within 60 days.
Although it’s not mandatory to have an attorney during the hearing, it’s an ideal idea. This is because it could aid in the process by providing your details to the judge. To ensure that you don’t lose your rights, you must make an appeal within one year from the date of your accident.
Call Our Lawyers for Help With Austell Workers’ Compensation Disputes
When you have been hurt in the course of your work, you need to receive the compensation you deserve. In order to ensure that you receive the compensation you deserve, appeal any denied claims. If your claim was denied in Austell, Georgia, we can help. Contact the Workers’ Compensation Lawyers Coalition Atlanta today at 770-796-0919 so that we can start making progress on your workers’ compensation claim to avoid any hassles. We’re here to assist you!