Why Would My Workers Comp Claim in Atlanta Be Denied?
Most of us have friends or family members who’ve gotten hurt at work. It seems like they received their workers comp benefits in no time. They got replacement wages and medical care and didn’t go back to work until they were recovered. Some people are lucky. Their workers compensation claim is approved right away. They have no wait time and don’t need a lawyer. However, for some of us, it’s not always this easy. Workers compensation claims in Atlanta get denied all the time.
If your claim is denied, you’re going to need an experienced workers compensation lawyer in Atlanta. If you’re hurt at work, you’re not going to be able to do your job. This means, if your claim is denied, you’ll have no way to feed your family. It also means you could lose your job.
If your claim is denied, your employer isn’t going to hold your job. In fact, they may have grounds to fire you if you miss more than a few days of work. Just because your claim was denied doesn’t mean your injuries go away. You still need to get medical care in order to return to work.
If your claim is denied, your Georgia worker’s compensation attorney can help. He can help file your appeal. He can also negotiate with the insurance company to get your claim paid. If this doesn’t work, he’ll have no choice but to file a lawsuit on your behalf.
You Have to Meet Certain Criteria to Qualify for Workers Comp in Atlanta
In order to receive workers comp benefits in Atlanta, your employer has to approve your claim. If he does, you’ll start receiving your benefits within a week or two. You’ll continue to receive weekly benefits until you return to work. You’ll also get the medical care you need to treat your injuries.
In order to get your claim approved, however, you do need to meet certain requirements. Some of these requirements include:
- The injury must take on company property
- You have to be on the clock at the time of your accident
- You must report your accident to Human Resources or your manager immediately
- You must be treated by a company approved doctor
- You must comply with all treatment recommendations
- You must follow all company policies regarding workers compensation claims
- You must not be under the influence of alcohol or drugs at the time of your injury
As long as you meet all of these requirements, your claim should be approved. However, there are still plenty of reasons your claim may be denied. Every case is different.
Your Employer May Still Deny Your Claim
When you get injured at work, you need to report it to your manager or Human Resources. Your company handbook will specify exactly who you need to report it to. You probably have to complete an incident report as well. Your manager can help you do this, especially if you’re too hurt to do so.
Your employer will submit your claim to their workers comp insurance company. They’ll also make a recommendation to the insurance adjuster as to whether your claim should be paid. If they suspect your injuries aren’t legitimate, they can request that your claim be denied.
Some of the common reasons this may happen include:
- Your employer thinks you got hurt on personal time
- You have a history of filing workers comp claims
- You have a pre-existing condition
- They suspect you were drunk or under the influence of drugs
- You weren’t straight forward about how the accident happened
- They have evidence that you were hurt over the weekend or some other way
- There were no witnesses to the accident or, the witnesses say you faked your injury
If your claim is denied for any of these reasons, your Atlanta workers compensation lawyer can help file your appeal. Depending on the kind of evidence available, you may have a good shot at getting your claim approved.
If You’re Injured at Work, Contact an Atlanta Worker’s Comp Lawyer Right Away
People get hurt on the job every day. If this happens to you, it’s time to call an Atlanta workers compensation lawyer. You have no idea if your claim is going to be approved or not. You want to make sure it’s handled properly from the start. Your Georgia workers comp lawyer will make sure this happens.
Call today and schedule your initial consultation. You can sit down with an experienced workers comp lawyer who will answer any questions you may have. The consultation is free and you pay nothing until you settle your claim.
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