Getting a workplace injury can be frustrating. Every employer in Georgia with at least three employees is expected to have a workers’ compensation insurance standby just in case an employee gets hurt during work hours. However, sometimes the employee and the employer disagree on the compensation claim. Our lawyers have experience handling workers’ compensation disputes in Wrightsville and throughout Georgia.
Having a good Wrightsville workers’ compensation lawyer is essential if your claim was denied by the insurance company or employer. Contact the Workers’ Compensation Lawyer Coalition at 770-796-0919 for a free case review. A workers’ compensation lawyer will discuss your case with you and enlighten you on the various reasons why your claim is being challenged. We can help you get benefits if your claim was unfairly denied.
Why Hire a Wrightsville Workers’ Compensation Lawyer?
Georgia workers’ compensation is split into two, that is a liability settlement and no liability settlement. Having the right lawyer by your side will guide you step by step until your dispute is cleared.
Some employers may claim that your injury is not due to your work when presented with compensation claims. And if they can find a way to prove this claim your compensation can be denied. However, having an experienced workers’ compensation dispute lawyer will make the necessary arrangements even if it means going to a medical specialist to ascertain that the condition is new to you and due to negligence at the workplace.
Are you looking for a reliable worker’s comp lawyer to represent you in Wrightsville, Ga? Reach out to us at the Workers’ Compensation Lawyers Coalition in Wrightsville, GA. We have dedicated lawyers that will represent you and ensure you get your compensation.
Causes of Workers’ Compensation Disputes in Wrightsville, GA
The following might be the possible causes of workers’ compensation disputes:
Given the injury, an employee may end up jobless and unable to cater to their own basic needs. Having a good workers’ compensation lawyer can ensure you are not left in a bad position after an injury on the job. Perhaps your lawyer will compel your employer to at least pay you a half salary as you recuperate to enable you to take care of your needs.
Missed deadlines often do occur due to various unseen circumstances. You may file your claim past the given period to so with no doubt this act will bring lots of disputes. If you pass your 30-day mark to report the injury to your employer or the one-year deadline to file the workers’ comp claim, your compensation may be denied.
Outside Scope of Employment
Usually, this is the hardest part as far as workers’ compensation dispute claim is concerned. To hold the employer accountable for the wrongful deeds means you need to prove that the employee was present at work when the injury happened.
Lack of Causation
If your injury was not caused by the work you do and there is no evidence that the injury is directly related to your work, you will not have causation. It may also prove difficult if you had a pre-existing condition where you got the injury on your body.
Giving inaccurate information regarding the injury and how it occurred could result in inadequate information, which could cause a denial of your claim.
What to Do if Your Worker’s Comp Claim Is Denied in Georgia?
You can appeal your denial by requesting for a hearing before the State Board of Workers’ Compensation. Your request for a hearing has a statute of limitations, so you need your lawyer to guide you through it before the time expires and you do not have an eligible claim. Your lawyer should help you file a notice of claim, which should be filed with the WC-14 form. The time limit for this is one year from your date of injury.
Your hearing is usually set within 60 days of filing the form. During this period, both parties involved gather evidence that they will present before an Administrative Law Judge. There may also be some depositions held to get evidence.
If you have not contacted a worker’s comp lawyer, this is the best time to do that. You will need a lawyer to take you through the process and ensure that the paperwork is in order. If there are any legal terms that you do not understand, your lawyer will explain them.
Your lawyer will also be present during the depositions to represent you and avoid you from an unfair line of questioning. Apart from that, your lawyer will ensure that you file the request for a hearing before the time limit expires.
Types of Worker’s Compensation Disputes
There are two main types of workers’ compensation disputes in Wrightsville, Georgia.
Your employer’s insurance company can claim that you are not eligible for compensation when it comes to medical expenses. They can claim that your injury was not caused because of the work you do, therefore your claim is not eligible. It means that you will only be compensated for certain things, but not medical treatment or lost wages.
The insurer may also claim that you are not eligible for compensation and deny your whole claim. It means that they believe you are not eligible for any part of the worker’s comp benefits.
Getting a lawyer will help you settle the disputes by gathering the necessary evidence that will show your injury occurred at work and is related to the work you do.
Worker’s Compensation Dispute and Appeals Process in Georgia
The appeal can take two forms:
- Going to a hearing before an Administrative Law Judge.
- Appealing a decision by an administrative law judge to the Board of Workers’ Compensation. This then proceeds to a superior court judge. Next, it goes to the Court of Appeals. It may end there or proceed to the Georgia Supreme Court.
Once you appeal the claim and the date for your hearing is set, you will appear before an administrative law judge and present the evidence, as will the insurer. There may be other appeals in 20 days from either side if the result of the hearing is unsatisfactory.
Hire the Best Lawyer for Your Wrightsville Workers’ Compensation Dispute
Getting a lawyer ensures that you have someone to advocate for your rights while you go through the appeals process. Your lawyer will better your chances of getting a fair hearing and being awarded full benefits. Call the Workers’ Compensation Lawyers Coalition in Wrightsville, GA, today to get a lawyer for your case.