If you have a valid workers’ compensation claim, your employer or even their insurance company may dispute your claim or even deny it. However, it is not easy to overturn a denied workers’ compensation claim in Johns Creek, GA. Especially if you do not understand the appeals process.
Once you receive a notice of denial of your workers’ compensation claim from your employer, you need to hire a workers’ compensation attorney, who understands the appeals process, to help you gather the required evidence for supporting your claim.
Having a workers’ compensation lawyer makes it easier to deal with the complicated workers’ compensation process.
At Workers’ Compensation Lawyers Coalition, our team of skilled workers’ compensation lawyers is ready to review the reasons your employer turned down your claim. We will help you appeal your denied claim and pursue benefits. Contact us today to guide you through you Workers’ Compensation Disputes in Johns Creek, GA.
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Causes of Workers’ Compensation Disputes
Here are the causes of workers’ compensation disputes:
Employment Status
The state of Georgia requires businesses with over three workers to have workers’ compensation coverage. However, some business owners will challenge the employment status of their employees.
The employer may say the employee was an independent contractor. This is because employers do not have to pay claims to independent contractors. If your employer challenges your employment status, you need to provide evidence showing you were employed by your employer.
Outside Scope of Employment
If the employee gets injured due to their misconduct or if they get injured while intoxicated, then the employer can deny the claim. This is because the injury happened outside the scope of employment. However, you can appeal the determinations of your employer or the insurance company.
Lack of Causation
If there is no valid connection between the employee’s injury and the workplace accident, then the employer can deny the workers’ compensation claim. Therefore, it is important to prove the real cause of your injury. You can visit a second doctor to give you a second medical opinion.
That is why you need to call a workers’ compensation lawyer immediately after the workplace accident. Your lawyer may recommend the best doctor who will examine and treat your injuries and write a medical report.
You will use the medical report while you are appealing the denial of your claim.
Missed Deadline
The law requires employees to report any workplace accident to their employers within 30 days. If you fail to report your workplace accident with the specified period, your employer will have a reason to deny your workers’ compensation claim. It is better to report the workplace accident immediately.
Inadequate Information
There is a lot of paperwork and evidence you may need to provide as you file a workers’ compensation claim. It is easy to forget to fill in and file some paperwork. If there are missing documents, such as missing medical reports, then the employer can deny your claim.
Additionally, if you do not complete your workers’ comp claim, your employer may dispute your claim. If you do not know how to file a workers’ compensation claim, it is much better to hire an experienced and knowledgeable lawyer to do it for you.
What to Do if Your Workers’ Comp Claim is Denied in Georgia?
Once you claim a workers’ compensation claim, your employer may deny your claim. Do not assume your case is over. In Georgia, the law allows you to appeal denied claims. Therefore, you still have a chance to appeal and still get workers’ compensation benefits if you are successful.
However, do not appeal a denied claim on your own. It is difficult to understand the complicated workers’ compensation laws in a few days. It is much better to hire a workers’ comp lawyer to help you appeal your denied claim.
It is free to consult a lawyer. So, consult a lawyer before making any decision.
If the lawyer sees you have a strong case, the lawyer will request a hearing before the court of appeals of Georgia. Your lawyer will present the necessary evidence at the hearing. The evidence shows how the workplace accident happened and how the injury has negatively impacted your life.
Types of Workers’ Compensation Disputes
Medical Disputes
They are the disputes related to the medical facts, including denied surgery, denied therapy, and more. It is essential to produce medical records when claiming a workers’ compensation claim. However, your doctor can refuse to cooperate. If you have a lawyer, your lawyer may help you find the right doctor.
Claim Disputes
They are the disputes that can arise as you pursue your workers’ comp claim. They include average weekly wage, the extend of injury, disability, and compensability.
Workers’ Compensation Dispute and Appeals Process in Georgia
There is an issues form you must complete. Once you complete it, submit it to your employer and the commission. After the commission selects relevant issues on your form, the commission will listen to you and your employer.
After listening to your story, the commission decides if you are entitled to receive compensation benefits. The commission may also deny you compensation benefits. If the commission denies your benefits, you can request another hearing.
If the commission denies you another hearing, you have the right to file an appeal with the Courts of Appeal of Georgia.
Conclusion
If your employer denies your workers’ compensation claim, do not worry since you can still file an appeal. However, you need to know what you are doing to avoid being denied for a second time. Do not rush to file an appeal. You must gather enough evidence before appealing. It is even much better to hire a lawyer.
If your employer sends you a denial notice, you must talk to your workers’ compensation immediately. Lawyers are good at gathering evidence to support the cases of their clients. Therefore, you can trust your lawyer to file your appeal. Hiring a good workers’ comp lawyer will give you peace of mind.
At Workers’ Compensation Lawyers Coalition, we handle workers’ compensation cases and workers’ compensation appeals in Johns Creek, GA. Our lawyers are ready to help you gather evidence and file an appeal on your behalf. Contact us today to discuss the details of your workers’ comp case.
