If your workers’ compensation claim was denied in Atlanta, Georgia, then you should not give up because this isn’t the end of the road. You have the right to appeal the decision. Visit this website to learn more.
Consider receiving the help of a workers’ compensation attorney to help you file the “Notice of Claim” Form, also known as WC-14. You only have one year after your last medical treatment or after your injury to file this form with the State Board of Workers Compensation to appeal a workers’ compensation denial.
Your workers’ compensation attorney can ensure that you complete the form adequately and provide you with legal guidance and assistance throughout the whole process to ensure that your rights are respected.
Why Workers’ Compensation Claim is Denied
There are various reasons why your workers’ compensation claim was denied in Georgia. In most instances, it is merely a matter of incorrect filing information. However, in other cases, the insurance company might have denied your claim because they ruled out that your injury wasn’t work related.
If you didn’t let your employer know about your injury within 30 days, the insurer might argue that your injury was also not related to your work. If you were found to be under the influence of drugs or alcohol when the workplace accident occurred, then you might also lose your workers’ compensation benefits.
In another scenario, if your medical records showcase that you already had an injury or illness outside the workplace and then your medical condition took a turn for the worse because you engaged in workplace activity, you might also be denied workers’ compensation. This occurs if you don’t let your employer know about your pre-existing condition. Yet, even in situations where pre-existing conditions were worsened due to job-related activities, a worker might still receive benefits with a proper attorney by their side.
Dealing With a Workers’ Compensation Denial
Regardless of the reason why your workers’ compensation claim was denied, you have the right to appeal it, and you should keep in mind that although a denial is a response to your claim, it doesn’t mean that it is the final decision.
Under Georgia’s statute of limitations, you have one year to appeal this decision. With a workers’ compensation attorney by your side, you can increase your chances of receiving your deserved benefits.
Working with an attorney doesn’t imply taking your case to court. That is the last resolution. Your attorney will research your case, gather evidence, and negotiate with the insurance companies for your benefit.
If the mediation isn’t successful, then you can agree with your attorney to take your case to a workers’ compensation hearing. This is where your lawyer will present their legal arguments and evidence to the administrative law judge, which will then reach a verdict within 30 days.
Even if your claim is denied at this stage, you can appeal this decision as well and take your claim to the appellate division of Georgia’s State Board of Workers’ Compensation (SBWC). You have to do this within 20 days of the administrative law judge’s ruling. If the SBWC also denies your claim, you can file a motion with Georgia’s Court of Appeals.
As you can see, there are many ways to fight a denied workers’ compensation claim in Georgia. Contact a workers’ compensation attorney to learn more and fight for your rights.