You have a right to fight the Insurance Company’s denial. It isn’t the end of the story!
Just because you have already made a claim and been turned down for Workers’ Compensation for a work-related injury, doesn’t mean it’s over. You have a right to see a judge about this decision. The Workers’ Compensation system is complicated, but if you understand the process and submit the right documents, and have the right evidence, you can still obtain Workers’ Compensation benefits. If you feel that the Insurance company has wrongfully denied your claim, you can and should hire an experienced Workers’ Compensation lawyer to help you fight for the benefits that you need and deserve.
If you have been denied, you have the right to file a hearing request with the State Board of Workers’ Compensation (SBWC). You will be given a hearing, and based upon the evidence YOU and the Employer present, a Judge will either uphold the denial or award you Workers’ Compensation benefits. They may even award retroactive payment of lost wages. You can have a lawyer represent you at this hearing, and the sooner you hire a lawyer to help you, the greater your chances are of putting together a strong case with the most persuasive evidence!
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It is YOUR responsibility to request a hearing before the SBWC.
The employer will not do this for you. Keep in mind that there are time limits for when an injured employee can request a hearing. If an employee waits too long to file their claim, they will lose their right to file, and their claims will be barred. An experienced Workers’ Compensation lawyer will be familiar with the complexities of the Workers’ Compensation hearing process and can give you advice and make sure your rights are protected and that you receive all the benefits you are truly entitled to.
Employers can deny Workers’ Compensation claims for many reasons.
They may argue that there was not a real Employer/employee relationship, or that the accident and injuries the employee suffered were outside the scope of their employment. They may argue that the injury was not really a result of a work accident, but rather a preexisting condition. The employer may argue they were not given proper notice by the employee, etc. An experienced lawyer will be familiar with all these arguments and will be able to tell you if you have a valid claim, despite what the Insurance company or employer has said. So, do NOT just accept an Insurance Company or Employers denial without having an experienced lawyer take a close look at your case.
Filing notice of a claim with the SBWC is also wise, even if the Insurance company is currently paying you benefits and covering your medical expenses because it will protect your right to pursue future benefits down the road, should the Insurance company or Employer stop covering your injuries, fail to provide adequate light-duty work, seek to settle your claim when you are not truly recovered, fail to provide you with adequate retraining or other benefits. Keep in mind that there are time limits for filing a claim with the SBWC, and an employee who fails to file a claim within the time limits could lose his or her right to claim future benefits.
The truth is that the Georgia Workers’ Compensation Act provides significant protections and compensation for injured workers if they understand all the rights contained in the Act and the ways in which the employer may be shortchanging them. Unfortunately, the laws involved are complex. An experienced lawyer will be aware of all the benefits contained under the law and is better positioned to hold the Employer or Insurance company fully accountable. They will be able to double-check an Employer or Insurance companies’ computations of lost wages and evaluate if a settlement offer is fair. Never take the Employer or Insurance company’s word for these numbers or calculations.
Learn more about: What Does the Georgia Workers’ Compensation Act Cover?
And please be aware that the Workers’ Compensation Law, Rules and Regulations are subject to change on July 1st of each year.
If you are injured on the job, you have certain rights, benefits and responsibilities.
Your employer also has obligations and responsibilities regarding all employees. The main focus of Georgia Injury Advocates is to assist job-related injured workers in receiving immediate and quality medical care, to administer workers’ compensation claims from the initial injury until the closing of the claim, and to safely return lost-time employees to productive employment. We believe that a healthy, safety conscious and productive company is the result of healthy, safety conscious and cooperative employees. The staff of our Marietta injury law firm understands an employee’s and a family’s concern when a wage earner is injured on the job and cannot work. We are here to help you through this difficult time.
This is an excerpt of the book “11 Secrets to Winning Your Workers’ Compensation Claim.” This book will answer many of these questions and give you the knowledge you need. Get your free copy now.
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