Workers’ compensation benefits are accessible to you if you have been injured while at work. It is quite common for an employer’s insurance company to refuse benefits or to offer a lower amount than the amount you’re entitled to. The Workers’ Compensation Lawyers Coalition Atlanta has represented clients in many workers’ compensation disputes in Lithonia.
Table of Contents
What Are the Reasons for Workers’ Compensation Disputes in Lithonia?
These are the reasons your workers’ comp benefits might be denied in Lithonia, Georgia.
Not Receiving Immediate Medical Attention
It is essential to seek medical attention immediately following an accident at work. It could be putting at risk the security of your workers’ comp claim and your health. Your employer or their insurance will most likely reaffirm that the accident occurred outside of the workplace.
Once you are injured, ensure your employer gives you the most accurate information about where to get treated immediately. Do not visit your physician on your own because it might compromise your case also. Make sure you collect all the relevant documentation about your injury and treatments for the claim process.
Failure to Report an Injury to the Employer Immediately
If you don’t report the accident to your employer right away this means that you’ll have a lot of difficulties obtaining compensation for the injury. You might feel like it’s just a minor injury, so it’s not necessary to file a claim. Even worse, you might be worried that your employer might feel worried that you’ve made a report of an injury and there will be a serious incident at work.
It is important to be aware that Georgia law says that an employee is not allowed to be retaliated against by a worker who has complained of an injury to the workplace. The injury you sustain must be dealt with in the same manner as other employees at work. No matter how serious or insignificant your injury must be reported within 30 days. It is possible to avoid delays in submitting your workers’ compensation claim.
Inability to Pass a Drug Test
The majority of workers’ compensation claims are rejected by workers who were under the influence of alcohol or drugs at the time of the incident. If the incident is occurring while you’re under the effects of alcohol or drugs, it is unlikely that you will be eligible for compensation, but there are some exceptions to this rule.
Your employer is required to request you to submit the sample of your substance or alcohol for testing within 24 hours of an accident. Refusing to take the test can lead to an assumption that you’re guilty. If you fail the test it could decrease or eliminate the chance of receiving compensation for the injuries. To fully comprehend the rights you have and your options, seek the advice of an attorney.
Pre-Existing Injury or Condition
If you’ve suffered an injury in the workplace and not disclosed any prior conditions or injuries the claim will be denied. Note that, if you have injuries from prior accidents that become worse after the incident at work and you’re eligible to receive workers’ compensation benefits in Georgia. To avoid denial of benefits, it’s recommended to tell your employer about any prior injuries.
Employer’s Delay Techniques
Your benefits will automatically be rejected if you’re the victim of delay tactics by your employer. It is essential to seek legal advice if you are aware of any delay tactics from the employer or insurance provider to avoid rejection of your claim.
Your employer is likely to initiate a lawsuit if there were no witnesses to the workplace incident. To circumvent this dilemma you must gather key evidence to support your case. You can find the top attorney for the job to ensure you have the right kind of evidence to support your worker’s compensation claim.
Do you have any prior claims for workers’ compensation that are similar to the condition you’re currently in? This is a good enough reason to cast a doubt on the incident that could lead to your claim being denied.
The Accident Occurred Outside of Work
The claim may be rejected when the employer proves the incident took place outside of work. You can only claim benefits for injuries sustained while you were working.
No Workers’ Compensation Policy
If your employer doesn’t have any workers’ insurance policy and you are not covered, you won’t be eligible for any benefits. If that’s the case, however, you might be able to use our legal services to seek other options.
What Should You Do if Your Worker’s Compensation Claim Is Denied in Lithonia?
In the first place, you must provide a reason for the reason for denial, then you should file an appeal. You may seek a hearing before the State Board of Workers’ Compensation. A judge from the administrative court will look over your claim and decide whether you are entitled to benefits from workers’ compensation for the injuries you sustained. The hearing takes place within 60 days following the submission of your WC-14 form.
Although it’s not mandatory that you bring an attorney present during the hearing, it’s an excellent idea. We can help make the process less overwhelming by presenting your case before the judge. To avoid missing the rights, you need to appeal within one year of the accident.
Hire the Best Lawyers for Your Lithonia Workers’ Compensation Dispute
Compensation is the amount you should receive when you’re injured during your job. To ensure you receive compensation, appeal any denied claims. At the Workers’ Compensation Lawyers Coalition Atlanta, we are ready to help you with the appeal process in the event that your claim was rejected in Lithonia, Georgia. Call us now at 770-796-0919 so that we can start making progress to resolve your workers’ compensation claim to avoid any hassles. We’re here to help!