Have you recently been injured at work? Are you currently suffering from an occupational illness? Has your work aggravated a condition you previously had? Well, you need to be compensated for these injuries and illnesses so you can resume work without any hassles. If you are looking for the best workers’ compensation lawyers in Smyrna, GA, the Workers’ Compensation Lawyers Coalition should be your first choice. Here is what you need to know about common Smyrna workers’ compensation disputes and how we can help.
Table of Contents
Causes of Smyrna Workers’ Compensation Disputes
If you have already filed a workers’ compensation claim, it might either be approved or rejected. If your employer and their insurer reject your workers’ compensation claim, it could be because of any of the following reasons.
In Georgia, every employer with 3 or more regular employees is required to have a workers’ compensation policy in place. However, if you are a part-time or independent contractor, you will not be compensated for any injuries that happen at work. Your employment status will be a huge factor in determining whether or not you will receive compensation.
Outside the Scope of Employment
A workers’ compensation claim will only be compensated if the injury happened at work or during working hours. Therefore, if you are injured while driving to or from work, during lunch hour, or away from the workplace, you will not be compensated. When filing your workers’ compensation claim, you need to provide proof that the injury happened while you were doing work-related activities or at the workplace.
When you are injured at work, you have 30 days to report the injury to your supervisor and 1 year from the date of the accident to file a claim. Missing this deadline means that you will not receive compensation for your injuries.
Failure to Get Proper Medical Attention
After reporting the injury to your employer, you should get medical attention from an authorized physician. Failure to follow the doctor’s instructions or using a doctor out of the authorized network means that you will not receive compensation.
Failure to Pass a Drug Test
After reporting a workplace injury, your employer will request a drug test to determine whether or not you were intoxicated. You are not legally obligated to take this test but if you refuse, your employer will interpret it that you are intoxicated and this might work against your claim. Also, if you take the test and there are intoxicating substances present, your workers’ compensation benefits might be rejected.
If this is your first time getting injured while at work, you need to work with the best attorneys in Smyrna, GA to make sure that your claim is not rejected for these or any other reasons. Call us today to get in touch with our top attorneys.
What to Do If Your Workers’ Compensation Claim Is Denied in Georgia?
Has your workers’ compensation claim in Smyrna, GA been denied? Well, here are the steps you need to take immediately.
Ask for the Reason
- You should ask for a clear reason why the claim was denied. Your employer and their insurer should mention why they denied your claim so you can know how to proceed.
File an Appeal
- File an appeal. Note that, simply because your claim was denied in the first place, it doesn’t mean that you can’t receive any workers’ compensation benefits for your injuries.
Request a Hearing
File a request to have a hearing before the State Board of Workers’ Compensation. Here, an administrative law judge will hear your claim before making a determination on your injuries and whether or not you should be compensated for your injuries.
Get a Lawyer
Get a lawyer for the appeal process. At the Workers’ Compensation Lawyers Coalition, we are ready to help you file an appeal for your workers’ compensation claim if it has been rejected. Note that, with the hearings, you need to provide the best evidence for your claim. As you rest and recuperate, we are ready to help you find the most relevant evidence for your case.
Types of Workers’ Compensation Disputes in Georgia
Our attorneys deal with are two main types of workers’ compensation disputes in Smyrna, Georgia.
Your employer or their insurance company can dispute your workers’ compensation benefits, especially under the medical costs in the following circumstances.
- If you don’t use the authorized treating physician recommended by your employer and their insurance company.
- If after investigation, the injury was not caused by a work-related incident.
- If there was an underlying condition that is not related to the injury suffered that was aggravated by different issues.
- If you don’t follow your treating physician’s instructions and treatment plans.
Your workers’ compensation claim will be denied under the following circumstances.
- If you didn’t provide the relevant evidence about your injury especially where and when it happened.
- If you have filed your claim too late and didn’t use the right method when informing your supervisor of the injury.
- If you are not a full-time employee of the company.
- If the claim is not filed properly.
To make sure that your claim is not rejected, you need to work with the best attorneys for the best results. We are experienced in handling workers’ compensation claims in Georgia and are here to help out with your claim. Call us now and let us start working on your case.
Why Choose Choose Our Smyrna Workers’ Compensation Lawyers
Are you wondering why you should choose us for your Smyrna workers’ compensation dispute? First, we have been around for a long time and have acquired the relevant expertise and experience required to handle a workers’ compensation claim effortlessly. Secondly, we have a thorough understanding of the workers’ compensation policy in Georgia.
Therefore, we will follow the rules and regulations to make sure that your claim is not rejected because of avoidable circumstances. Finally, we have a team of lawyers, investigators, and associates working around the clock to make sure that your case is not rejected. We are here for you if you have suffered workplace injuries and are seeking compensation. Call the Workers’ Compensation Lawyers Coalition today at 470-518-5026 to speak to our best attorneys.