If you have sustained injuries on the job, while performing assigned job duties during assigned work hours, you are entitled to workers’ compensation benefits.
The compensation benefits include medical expenses, disability payments, and lost wages. However, if your employer has denied your compensation claims and denies paying the benefits you deserve, you don’t have to give up.
It is natural to feel frustrated and stressed in such a situation, but you still can fight for your rights.
Here are some tips that can help you claim your rights.
- Review the Compensation Denial Reason
The denial letter will include a denial reason. The most common reasons for workers’ compensation denial include
- Failure to seek prompt medical attention
- Failure to report the injury to employer on time
- Dispute over the cause of injury
- Dispute over the amount of benefits
- Uncovered injuries
Experienced Atlanta workers compensation lawyer can help you understand the reason of denial. By understanding the reason for denial, you can determine the future course of action and gather evidence to show that the denial was wrong.
Also, if you are not satisfied with the denial reason, you have the right to appeal the decision.
- Request an Immediate Appeal
To prevent losing your rights you must filed a notice of claim immediately to begin the formal claims process. File a Form WC-14 with the SBWC and send a copy to your employer and its insurer.
The notice letter should explain in detail why you believe that the denial was not right.
- Gather Evidence to Support your Claim
You need medical records, witness statements, the circumstances of the injury and other documentation to prove that the injury was work related.
Workers’ compensation lawyer will help you gather evidence supporting your claim.
- Request a Hearing:
After filing a claim with the SBWC, request a hearing to resolve the dispute. The hearing before an administrative law judge usually takes place within 60 days of your request. Make sure you have enough evidence to support your claim. Your lawyer will present arguments at the hearing to support your claim. It usually takes up to 30 days from the hearing to issue a decision.
- Decision and Appeal
The written decision issued by the judge will explain the reasons for their decision and if you are not satisfied, you can file an appeal to the higher courts of Georgia within 20 days.
These are some of the steps that you can take if your worker’s compensation claim is denied. Fighting for your rights can be overwhelming, especially when you’re struggling with injuries and medical bills. Filing an appeal requires a number of task from locating insurance doctors and requesting medical records explaining the extent of injuries to obtaining affidavits, injury lawyers in Atlanta, Georgia can do all this for you.
Since every case is different, you may face different situations and challenges. That is why having a skilled worker’s compensation lawyer on your side can be of great help. They can assist you through the process and help you get the rights you deserve.
