Have you been injured on your job in Georgia? You might be eligible for workers’ compensation benefits. Undoubtedly, these benefits might have a significant role in your recovery. They can cater to your injury-related medical care and ultimately compensate you for the driving costs of your medical appointments. Does your injury prevent you from working? These benefits cover a percentage of the wages you could otherwise lose.
In some cases, the employer or the insurance company may deny your claim. We are here to stand up for injured employees in Lithia Springs workers’ compensation disputes.
If you’re injured on your job and your claim is denied or disputed, call a professional Lithia Springs workers’ compensation lawyer. Our team at the Workers’ Compensation Lawyers Coalition can help you. Call us at 470-518-5026 to schedule a free consultation.
Causes of Lithia Springs Workers’ Compensation Disputes
Some employers and insurers and not always ready to compensate employees when it comes to their work-related injuries. They try and find valid reasons they could use to justify their decisions. Here are the top causes of workers’ compensation disputes in Lithia Springs, GA.
The insurance company can sometimes deny your claim based on your employment status. In case you quit your job, got fired, or were laid off, your claim could be denied. The law in Georgia says that a worker can be compensated for their injuries while on duty.
In case you filed your claim after quitting your job or after you got fired, the insurance company will most likely use this as a reason to reject your claim. Nonetheless, if you had filed your claim before being fired, you deserve to be compensated. So seek a lawyer!
Outside Scope of Employment
The insurance company might also reject your claim if the specific injuries sustained didn’t take place during the course and scope of your working shift. As a result, you’ll need to use the evidence collected at the scene of the accident to prove that the injuries suffered are work-related.
Lack of Causation
Workers’ compensation benefits generally entail medical coverage for workers who have suffered a workplace injury, or even disease. For the workers’ compensation insurance of the employer to cover the medical expenses of the injured worker and pay their disability benefits, the injuries must be the outcome of a work accident or associated with work. Therefore, establishing causation in worker’s compensation cases is vital in recovering benefits.
If you want to qualify for workers’ comp benefits, you’ll need to meet the deadline for reporting your injury to the employer. Waiting only makes it easy for the insurance company to be more suspicious of your claim. You must report a workplace accident in Georgia within 30 days.
This is another reason why your workers’ compensation claim may be denied. For instance, in case you were solo-working during your shift and became injured, you’ll need to present proof of your injuries – this includes evidence and a medical report that may be used to establish liability.
What to Do If Your Workers’ Compensation Claim Is Denied in Georgia?
It doesn’t mean that since your workers’ compensation claim was denied, hope is lost. On the contrary, in case your claim was wrongfully denied, you could:
File an Appeal
You could appeal to your particular case and prove that you actually deserve to get benefits. And because of the complexities involved in such cases, it would be prudent to seek the assistance of an experienced workers’ comp attorney. It’s also worth noting the statute of limitations involved when filling such a claim in Georgia.
As a general rule, you have one year from the actual injury date to file your claim using the WC-14 form. Your claim will surely be barred if you miss this deadline, which might be devastating for you and your family.
Contact an Attorney
Speak to a qualified workers’ compensation attorney who can stand with you and represent you during this complex process.
Workers’ Compensation Lawyers Coalition can easily identify why your claim was denied. They will support and guide you through the entire hearing process. If your claim has been underpaid or if you have been denied your workers’ compensation benefits, we can help you!
Types of Workers’ Compensation Disputes
There are several kinds of disputes when it comes to workers’ compensation cases. However, there are two major types of disputes that will generally affect an injured worker. These include Medical Disputes and Indemnity Disputes (or Claim Disputes).
These disputes entail inquiries of medical facts and opinions since they relate to the injured worker’s treatment. The involvement of lawyers might be very effective in resolving medical disputes, but the dispute’s outcome almost always depends on the doctor’s willingness to fight. Some examples of medical disputes are:
- Denied therapy
- Denied surgery
- Denied medical supplies and products
- Denied services like home health care
Generally speaking, these are issues which a lawyer can be most useful. Some of the examples of claim disputes are:
- Entitlement to Supplemental Income Benefits (SIBs)
- Extent of Injury Disputes
- Average Weekly Wage Disputes
Workers’ Compensation Dispute and Appeals Process in Georgia
If you don’t receive benefits, you must file your claim with the State Board of Workers’ Compensation using the WC-14 form within one year of your accident. A hearing is usually scheduled within 60 days of when the judge receives the WC-14 form.
If you’re looking to appeal the decision on your claim, you only have 20 days from the actual date of your workers’ compensation hearing.
- To appeal, you must submit an application, and a document highlighting the errors you think the previous judge made.
- Once the appeal is filed, you have 20 days from this date to submit your brief, which is a written argument consisting of all the case facts.
- The opposing party should also submit a brief. All appeals are document-based unless your attorney requests to be allowed a 5-minute oral argument.
- A decision is then rendered by the appeals court judge. You can also appeal to a higher court, although this is not for all appeals.
Get Help With Workers Compensation Disputes in Lithia Springs
The workers’ compensation dispute and appeals process in Georgia is highly complex. Hiring a qualified lawyer to represent you in your Lithia Springs workers’ compensation dispute is the best option. Furthermore, by hiring a good lawyer, you can focus on attending to your injury and getting better. An attorney can also guide you through the appeal, application, and other procedures you might require to secure compensation.