If you’ve gotten hurt on the job, you have every right to think that your employer will take care of you. You’ve read your company’s workplace accident policy and feel that you’ve complied with all the requirements. You know that your accident took place on the job and it’s frustrating to think that your employer doesn’t believe you. When you find out that your workers compensation claim in Georgia was denied, the first thing you should do is call an Atlanta workers comp lawyer. They can review your claim and review your denial letter to find out why your claim wasn’t approved. They can also reach out to the insurance company and find out why your claim was denied in the first place.
If you aren’t sure why your claim was denied, then your Atlanta workers comp lawyer can get that information for you. Here, we will discuss some of the major reasons why employers deny workers compensation claims in Georgia. If you still have questions about your case, feel free to contact our office directly. We offer our clients a free, initial consultation and you can schedule this either by phone or through our website.
Not Everybody is Entitled to Workers Compensation
One of the reasons why your claim may have been denied is because of your status as an employee. Not all workers are entitled to workers compensation. In Georgia, as with almost every other state, there are certain categories of workers who are not eligible for workers compensation. Some of these include:
- Agricultural workers
- Seasonal and casual employees
- Federal employees
- Domestic servants and nannies
- Railroad workers
- Temporary employees
- Independent contractors
If your position falls into any of the above categories, you aren’t entitled to workers compensation benefits. Whether your employer believes your accident took place on company time will not matter. Simply because of the type of position you hold, your workers compensation claim in Georgia must be denied.
Did You Report Your Claim to Management Right Away?
One reason why a lot of workers compensation claims in Georgia are denied is because the employee did not report the accident to management. We always suggest that you report your injuries the same day they happen. Not only should you do this per company policy, but you should also seek medical treatment immediately. The only way to do this is to let management or your human resources department know you got hurt. They are the ones who will arrange for transport to the emergency room or treatment center.
The longer you wait to report your accident, the harder it will be to prove your claim. Our Atlanta workers comp lawyers meet with dozens of clients every year whose claim was denied simply because they waited too long to notify their employer. This is such an easy thing to do – there’s simply no good reason to wait. Even if you only wait a couple of days, your employer can argue that your injuries took place somewhere other than on the job.
Does Your Employer Suspect that Your Injury Didn’t Happen at Work?
Another reason your workers compensation claim in Georgia may have been denied is that your employer doesn’t think you got hurt on the job. They may believe that you were hurt doing something on personal time and then blamed it on your employer.
It’s important to know that most employers will not make this claim in Georgia unless they have some kind of proof. They may have looked at your social media to see if there were pictures or comments about you getting hurt over the weekend. They may interview coworkers and see what you told them prior to suffering your alleged workplace injury. Make sure you’re honest with your Atlanta workers comp lawyers so they know what they’re up against.
Were You Under the Influence of Drugs or Alcohol?
If you happen to have been under the influence of drugs or alcohol at the time of your accident, there’s no way your claim will be approved. Almost every employer in Georgia requires injured employees to take a drug test prior to treatment. If your drug test comes back for either alcohol or drugs, your claim will be denied. There’s also a good chance that you’ll be terminated.
One of the reasons a lot of employees wait to report their accident is because they know they’ll fail the drug test. Just know that there are ways that your workers compensation doctor can test as far back as 30 days for the presence of drugs in your system. If this is the reason your claim was denied, there may be nothing your Atlanta workers comp lawyer could do to help protect your claim in Georgia.
Maybe Your Employer Thinks You’re Exaggerating Your Injuries or Had a Pre-Existing Condition
One final reason why your claim may have been denied is that your employer thinks you’re exaggerating your injuries. For example, if you slipped and fell at work, it would make sense that you suffered a back injury or maybe a knee injury. But if your injuries seem to be over exaggerated, there’s a good chance your employer may deny your claim or demand a further investigation.
An Atlanta Workers Comp Lawyer Can Help
If your workers compensation claim in Georgia has been denied, you may not know where to turn. Not only is it frustrating to find out that your claim was denied, but you may also feel angry at your employer. One thing you have to understand is that decisions like this are never personal. It’s always about business and whether the insurance company wants to pay your claim. Our Atlanta workers comp lawyers have helped hundreds of clients over the years appeal their claim and get the benefits they deserve.
If you truly feel that you’ve met the criteria to qualify for workers compensation, contact our office right away. You can sit down with one of our Atlanta workers comp lawyers. They will review your workers compensation claim in Georgia. If they feel your claim has merit and should have been approved, they will help you file an appeal. Worst case, if the appeal is unsuccessful, they can always help you file a lawsuit against your employer.
Since we offer every client a free, initial consultation, we suggest you contact our office as soon as possible after your denial.