Was Your Georgia Workers’ Comp Claim Wrongfully Denied?

If you were injured in an on-the-job accident in Georgia, you may have the right to collect workers’ compensation benefits, including a portion of your average weekly wages and reimbursement for medical expenses. However, even though you do not have to prove that your accident was caused by employer negligence, your claim can still be denied either by your employer or by the employer’s workers’ comp carrier.

Receiving news that your GA workers’ comp claim was denied can be devastating to you and your family, but you should know that there is still a chance you can collect benefits. In many cases, workers’ comp claims are denied either because a worker did not provide sufficient evidence or because an employer or insurance company simply did not want to pay out a claim. At Van Sant Law, we can help you understand why your claim was denied and partner with you to fight for your rights.

It is absolutely vital to understand exactly why your workers’ comp claim was denied before you file an appeal. It is also important to note that your claim may have been denied for multiple reasons.

• The claimant did not adhere to the strict claim timeline. Workers are obligated to report their injury to their employers as soon as possible and absolutely no later than 30 days after the occurrence. Employers must also act quickly to inform the state and insurance company of the incident.

• The claimant did not correctly file the claim. A large number of claims are denied simply for technical reasons such as paperwork problems, missed deadlines, or lack of concrete evidence. An experienced workers’ comp attorney can ensure that you file your claim correctly and on time.

• The claimant did not provide evidence that your injury took place at work. While injured workers do not have to prove any kind of negligence, they do have to prove that the incident happened during working hours. Evidence to prove this point could include witness statements or video footage.

• There is evidence that your misconduct caused the injury. You cannot collect workers’ compensation if an employer or insurance company can prove that your misconduct caused the accident. For example, if you test positive for drugs or alcohol after the accident, you could lose your workers’ comp benefits.

• There is proof that your injury was a pre-existing condition. While you can collect workers’ compensation if you can prove that your pre-existing condition was made significantly worse by an accident, you can’t collect benefits for a condition that existed before the accident. Medical records can often provide evidence of pre-existing conditions.

• There is evidence of fraud. If there is proof that you have lied about any aspect of your workers’ comp case or that you are wrongfully trying to collect benefits, your claim will be denied. It is extremely important for you to be truthful about all aspects of the accident in order to receive payment.

• Your employer disputes the claim. Unlike other types of personal injury claims, both the insurance company and your employer have the power to deny your claim. Unfortunately, both parties have good reason to do so whenever possible. Your company saves money and keeps their insurance premiums down every time they can successfully block a claim.

Just because your workers’ compensation claim was initially denied does not mean that all hope is lost. If your claim was wrongfully denied, you can appeal your case and prove to a judge that you deserve to receive benefits. Because of the complexity of these cases, you may wish to seek the help of an experienced Georgia workers’ comp attorney.

To learn more about the legal services we provide at Van Sant Law, or simply to ask a question about your claim, we encourage you to schedule a free, no-obligation meeting with one of our Atlanta worker injury lawyers. Call 404-991-5950 or fill out our short online contact form to learn more.