- April 26, 2024
One of the most important reasons why you need an Atlanta workers comp lawyer is getting fair benefits while you recover from your injuries. If an insurance adjuster realizes that you don’t have legal representation, they will try to deny your claim or reduce your workers comp benefits.
Even if you have the evidence and determination to get your claim approved, you may still get tricked out of benefits you deserve for various reasons, such as:
Excluding Various Types of Incomes
The term wages in workers compensation law covers various types of incomes and benefits you receive from your employer. Here are just some various types of incomes apart from weekly wages which should be added up during workers comp claim analysis:
- Overtime pay
- Bonuses
- Commissions
- Paid time off
- Annuity plans.
- Work uniform stipends
However, the insurance adjuster will claim that many of these types of incomes are not eligible to be included in the calculation of the replacement wages. An attorney with a solid knowledge of law can set matters straight and ensure that you get fair benefits.
Claiming that Your Condition Is Not an Occupational Disease
Many employees seek workers comp benefits for an occupational disease. According to Georgia workers compensation law, you have to prove that:
- There is a direct causal connection between the work conditions and the disease
- That the disease appeared as a natural result of exposure to work conditions
- That you were not exposed to the conditions that caused the disease outside of work
- That the condition is not one which occurs in the ordinary course of life
An insurance adjuster will refute your claims, especially if the independent medical evaluation (IME) casts doubt on the cause of the injuries. You must remember that the IME doctor is paid by the insurance company and – while not going as far to put you in danger – has no interest to help you win workers comp benefits.
The only true ally you have during a claim is an experienced Atlanta workers comp lawyer.
Excluding Certain Treatments from Coverage
While you are out on workers comp, your medical care will be supervised by a doctor appointed by the insurance company. The doctor may suggest various treatments, but each of them must be approved by the insurer.
In some cases, the workers comp insurer will refuse to pay for various therapies, such as chiropractic or new treatments, claiming that there is not enough evidence that it works. If you go ahead and have those treatments, you will have to pay for them out of pocket.
Claiming that Your Symptoms Are Caused by a Pre-Existing Condition
Once you file a workers comp claim, the insurance adjuster handling your case may access your medical history. If you suffered an accident or had surgery in the past, the adjuster will state that you were already injured and this is what causes your current symptoms.
Since workers comp covers only treatment for injuries directly caused by an accident at the workplace, this loophole allows adjusters to deny claims. This tactic would never work if you have a skilled attorney by your side. The lawyer will prove that the accident resulted in new injuries and, therefore, you qualify for benefits.
Consult with an Experienced Atlanta Workers Comp Lawyer!
Without an Atlanta workers comp lawyer by your side, you may lose out on a significant part of the workers comp benefits you are entitled to receive. The adjuster will manipulate the facts of your case and you won’t be able to prove otherwise.
You deserve to be treated fairly during this difficult time, so call us today to schedule a free case evaluation at 470-287-5597!
