If you were injured while working, then your employer may be required by law to pay you workers’ compensation benefits by following the right steps of the workers’ compensation claims process in Fairburn. In order to claim these benefits, you need to follow the claim process. However, simply following the claims process doesn’t guarantee that your employer will pay the benefits that are due to you. It is a legal requirement for employers to have workers’ compensation insurance, with a few exceptions. At the end of the day, it is up to the insurance carrier to decide whether or not your injuries are compensable and what benefits are due to you, if any.
The insurance carrier will do just about anything to be able to deny your claim and avoid paying workers’ comp benefits. Having a workers’ compensation lawyer by your side throughout the workers’ compensation claims process in Fairburn, GA can help ensure that you receive the benefits that you deserve.
Call WCL Atlanta today at 470-518-5026 to find out more about the workers’ compensation claims process in Fairburn, GA, and to get help with turning a denied claim into paid benefits.
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How Do I Know If My Injury Is Covered in Workers’ Compensation Claims Process in Fairburn, GA?
An injury that is covered by workers’ comp benefits is referred to as a compensable injury. There are a few requirements that must be fulfilled for an injury to be considered compensable:
- The injury must have occurred at work and not while traveling to or from work or while out on your lunch break.
- The injury must have happened during the course of fulfilling your regular work-related tasks and duties.
- The injury may not result from misconduct at work or “horseplay” in the workplace.
- An injury that occurred at an unauthorized gathering at work is not compensable.
- An injury that happened as a result of a preexisting health condition will not be covered.
- The injury is the result of self-harm. In other words, you intentionally hurt yourself in order to claim workers’ comp.
While there are some exceptions to these rules, in most cases, workers’ comp will be denied if any of the above factors were in play when the injury occurred. If you feel that your case is an exception, contact WCL Atlanta today for assistance in getting your claim approved.
How Long Do I Have To File A Workers’ Compensation Claims Process in Fairburn, GA?
The claims process begins with reporting the injury to your employer. You have 30 days from the date of the injury to report it. Your employer then has 7 days after receiving your report to inform their insurance carrier of the injury. The insurance company will investigate the incident that caused the injury as well as the extent of the injury and then decide whether to award or deny the claim.
If your claim was denied, you have a further 2 years from the date of your injury to file for a hearing. If the decision is still not in your favor, you have another 20 days to file an appeal form the date that the decision was delivered.
It is vital to report your injury, file your claim or appeal as soon as possible. Workers Compensation Lawyers Coalition Atlanta will help ensure that you don’t miss any of these deadlines to improve your chances of having your claim paid.
How To File a Workers’ Compensation Claims Process in Fairburn, GA?
As mentioned above, the first step in the claims process is reporting your claim. If you don’t report the injury, your employer is unaware of it and cannot file a workers’ compensation claims process in Fairburn, GA with their insurance carrier for workers’ comp benefits. If you receive a notice that your claim has been approved or you receive benefits, then your workers’ compensation claims process in Fairburn, GA was approved.
If you do not receive any benefits within 2 weeks of reporting your injury, your claim has been denied. If you don’t agree with this, you need to complete a WC-14 form and submit it to the State Board of Workers’ Compensation in Georgia. A hearing will be scheduled that you must attend and will be overseen by an Administrative Law Judge (ALJ), The judge will return their decision within 30 days of the hearing.
If the decision once again denies you benefits or you disagree with the benefits that are awarded by the ALJ, then you have the right to appeal. You need to file an appeal to the Appellate Division of the State Board of Workers’ Compensation within 20 days of receiving their decision. The Appellate Division can choose to overturn or amend the decision or request another hearing from a different ALJ.
If the decision is not in your favor, you have one last course of action and that is to appeal to the Georgia Supreme Court. Appealing your case at a Supreme Court level is a serious matter and the decision by the State Board of Workers, Compensation will not be overturned easily. You should only follow this course if you feel that your benefits have been denied unlawfully, that there was no evidence to support the decision or the decision was fraudulent.
Contact our Workers’ Compensation Lawyers Today for Help with the Claims Process
It is recommended to have a lawyer represent you throughout the workers’ compensation claims process in Fairburn, GA but especially if your claim has been denied and you want to file a hearing or an appeal. Call WCL Atlanta today at 470-518-5026 if your claim has been denied for assistance with filing your workers’ compensation claims process in Fairburn, GA, or appeal with the State Board of Workers’ Compensation or the Supreme Court.
It is absolutely critical to ensure that you do not miss any of the deadlines to report, file, or appeal your workers’ compensation claim process in Fairburn, GA. Reporting your injury after the 30-day deadline may result in the partial or total loss of benefits. If you miss a deadline to file a workers’ compensation claims process in Fairburn, GA, or appeal with the State Board of Workers’ Compensation or the Supreme Court, then your case will not be heard and you will forfeit all your benefits.
If your claim has been denied by your employers’ insurance carrier, it is even more important to have legal representation. WCL Atlanta are experts in dealing with insurance carriers, employers, and workers’ compensation cases so give us a call today if you have been injured in the workplace.
