Our attorneys are experienced in handling workers’ compensation disputes in Conyers, GA. If you’ve sustained injuries while performing your duties or are suffering from a work-related illness, then please note that you’re entitled to receive workers’ comp benefits. While that’s the case, many injured workers end having their claim for benefits denied or the compensation amount lowered by their employer’s insurance provider as they try to avoid paying damages.
If you are currently seeking compensation for injuries sustained at work, working with a trusted workers’ compensation attorney could help increase your chances of receiving the benefits you need and deserve for your injuries or illness. At Workers’ Compensation Lawyers Coalition, we take workers’ comp cases seriously and are here to help you fight for and protect your rights. Our workers’ comp attorneys are competent, professional, and experienced legal experts with the tools, knowledge, and skills needed to help you receive compensation. Call 470-518-5026 now to schedule a consultation with our attorneys and have your case reviewed for free.
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Issues that Bring About Workers’ Compensation Disputes in Georgia
Once a work-related injury has been reported, both the employee and employer have certain responsibilities to fulfill. The purpose of these responsibilities is to help determine what benefits are owed, the extent of injuries suffered, and whether or not the injuries are compensable. As an injured worker, failing to play your part could lead to your employer or their insurance provider filing a workers’ compensation dispute, lowering your chances of receiving the benefits you deserve. Here’s a look at common workers’ comp disputes that arise in Georgia:
Employment Status Dispute
In Georgia, a worker’s employment status matters a lot as it determines whether or not they will receive benefits for injuries sustained while performing their duties. As a worker, you need to make sure that you know your employment status and if you qualify for workers’ compensation benefits.
Failure to Seek Medical Attention Immediately
Taking too long before seeing a doctor could prove detrimental to your claim as insurance companies use that opportunity to claim that you sustained your injuries out of work or that you aren’t injured or that your injuries aren’t that serious.
Failing to Report Your Injury or Accident
Failing to report an injury or accident as soon as it happens could also come back to haunt you when seeking compensation for injuries sustained as your employer could claim they were never made aware of the situation. Therefore, ensure that you report any incident as soon as it happens.
When employees get injured in the line of duty, they are required to provide concise information concerning the incident to prove it happened. Not providing essential information such as the cause of injury, proof of injuries sustained, and witnesses could limit your chances of getting benefits.
Failing a drug test
After a work-related injury, chances are you are going to be subjected to a drug test to see if you were working under the influence of any drugs or alcohol. If it is discovered that you sustained your injuries due to being intoxicated or high, then your claim for benefits could be denied.
Outside scope of employment
These disputes often arise in instances where the employer or insurer claims that the injured worker sustained their injuries while out of work or outside work hours like during their lunch break at a diner outside the business premises or factory. Another common argument is that the injury or illness the worker sustained is not synonymous with his or her line of work. For instance, a mechanic is not expected to have a miner’s disease such as pneumoconiosis or silicosis.
Lack of Causation
This refers to what links factor A and factor B. In simpler terms, a worker must link or prove that the injury he or she sustained is related to a work-related accident or activity.
All claims related to personal injury have a time limit and the same applies to workers’ compensation. If, as an injured worker, you miss your deadline for filing a claim, then rest assured your claim will get denied. Beware of employers as some use delay tactics to ensure that injured workers end up not filing in time.
Prior Workers’ Compensation Records
A common reason why insurance companies will dispute a workers’ comp claim is that the injured worker has one, or two pending, or previous workers’ compensation claims that are similar to the one they are currently pursuing.
The Absence of a Workers’ Compensation Policy
If the employer doesn’t have a workers’ comp insurance policy, then you just won’t receive any benefits.
To avoid workers’ compensation disputes, consider hiring the services of a professional workers’ compensation attorney before you start the claim process. Having an attorney by your side is essential as he or she will counsel you on what to do and represent your interests to ensure that you receive the compensation you deserve. Get in touch with the Workers’ Compensation Lawyers Coalition for help with your claim.
My Workers’ Compensation Claim Has Been Denied. What Do I Do?
If you have had your claim denied, then consider seeking the services of a workers’ compensation attorney and have them help you appeal the denial. Appealing a denied claim can be difficult and involves time, effort, and a good understanding of workers’ comp laws.
The first step to appealing a workers’ compensation denial involves requesting a hearing before Georgia’s industrial commission. This is accomplished by filing a WC-14 form, which is then followed by a hearing, which takes place 60-days later. If you are thinking of appealing a denied claim, then please note that you have 1-year from the date the claim was denied to file your appeal.
And while you’re required to have an attorney present during the appeal, it’s still advisable that you have one by your side as he or she could help you present the facts concerning your case to the presiding judge.
Types of Workers’ Compensation Disputes
There are two primary types of workers’ compensation disputes that injured workers in Conyers, Georgia file. These are:
These cover disputes related to the medical care and treatment of an injured worker. They including the following disputes:
– Injury management dispute
– Permanent impairment disputes
– Hospital, medical, and rehabilitation disputes
– Liability disputes
These cover everything related to workers’ compensation and include:
– Work capacity decision reviews disputes
– Premium disputes
What’s the Workers’ Compensation Dispute and Appeals Process in Georgia?
Workers’ comp benefit disputes and appeals in Georgia follow either one of two processes.
1.) Through an Administrative Law Judge – This option involves filing for and attending a hearing before a Georgia administrative law judge.
2.) State Board and Court – This option involves filing an appellate with the workers’ compensation board or an appeals court judge and have them review, and possibly revise the decision made by the administrative law judge. If that fails, the matter may proceed to the Supreme Court in Georgia.
Contact Workers’ Compensation Lawyers Coalition for Help With Your Workers’ Comp Claim
If you are thinking of pursuing a workers’ compensation claim in Conyers, get in touch with the Workers’ Compensation Lawyers Coalition today to receive the counsel and representation you need to successfully pursue your case.
Considering how complicated the laws surrounding workers’ comp claims and appeals can get, hiring a professional workers’ compensation lawyer in Conyers and have them handle things for you could go a long way in ensuring that you receive the compensation you deserve for your injuries.
Call 470-518-5026 now to learn more about how we can help you and schedule a free case review meeting with our workers’ comp attorneys.