Workers’ compensation provides benefits for employees who were injured while on the job. The program is available to pay medical bills and compensate you for lost wages, among other benefits.

But what if you are injured at work and later find out that your workers’ compensation claim has been denied by the Georgia Workers’ Compensation Board? This can be very frustrating, because you work hard for your employer and deserve to be compensated for your injuries at work.

This blog post will help answer this question: What to do if my workers’ comp claim is denied?

Understanding the Denial

There are many common reasons for workers’ compensation denials, including:

  • Insufficient medical evidence – You may not have provided the workers’ compensation board with enough medical documentation for them to approve your claim.
  • Dispute over cause of the injury – The board can claim that your injuries were not work-related. They may claim that your injuries did not occur while performing your job.
  • Missed deadlines or procedural errors – Deadlines are important when filing a workers’ compensation claim. The board may decide that you filed your claim too late or did not provide the correct documentation.
  • Employer disputes the injury occurred at work – Your employer may claim that your injuries did not occur at the workplace or when performing a work-related activity.
  • Pre-existing conditions – Your employer can claim that your injuries did not occur from the accident, but that you had pre-existing conditions that led to your injuries.

Receiving a denial letter does not mean that your workers’ compensation case is closed. Many workers’ compensation claim denials can be easily remedied by submitting more documentation or correcting the information on the forms submitted to the board.

It is important to carefully read through the denial letter and understand fully the reasons for the denial. You should then discuss your claim with a Georgia workers’ compensation attorney.

Immediate Steps to Take

You should take immediate action after you receive a denial letter from the workers’ compensation board. Some of the immediate steps to take include:

  • Document Everything – Make sure you have every document related to the workplace accident, including medical records, witness statements, and incident reports. We also recommend that our clients keep a personal diary documenting their symptoms, physical limitations, and pain levels.
  • Seek A Second Opinion – You probably went to a doctor after your accident, but you may benefit from consulting another physician to obtain a second opinion. You should find a doctor that specializes in occupational injuries and understands that you were denied workers’ compensation benefits.
  • Contact Your Employer – Make sure that your employer has provided you with all information and documentation you needed for your workers’ compensation claim. It is important to maintain professional communication with your employer; courtesy always goes a long way.
  • Consult with a Workers’ Compensation Attorney – If you haven’t already done so, speak with a workers’ compensation attorney who can guide you on an appeal. An attorney knowledgeable about the workers’ compensation process can review your denial letter and advise you on the next steps to take.

The Appeals Process

There are two ways a Georgia workers’ compensation claim can be denied. The insurance company can deny the full claim or deny a certain part of the claim. If you decide to file an appeal, you must do so within 20 days of the denial.

The first step is to go to a hearing in front of an administrative law judge. If the administrative law judge denies the appeal, you can file another appeal to the full workers’ compensation board. After that, you can plead your case in front of the state courts, all the way up to the Georgia Supreme Court if necessary.

When going in front of any judge it is important to gather and then present evidence that is in addition to what was presented in your initial claim. Additional evidence can include expert medical testimony, vocational rehabilitation assessments, and testimony from witnesses.

You and your lawyer should discuss your strategy before the hearing and you should know the procedures entailed in a hearing before any judge or court. You should have clear notes as part of your testimony and try not to be nervous. You may want to have a mock hearing with your attorney before actually going into the real hearing before a judge.

The Importance of Legal Representation

An experienced Georgia workers’ compensation lawyer can be your best advocate when going through the appeals process. The other side will have their lawyers present, and so should you. Don’t ruin your chances to get benefits by trying your case on your own.

A workers’ compensation attorney can help you in many ways, including:

  • Navigating complex legal procedures
  • Negotiating with insurance companies
  • Representing you in hearings and appeals
  • Ensuring you receive all entitled benefits.

Having a lawyer on your side can increase the chances of success with your workers’ compensation claim. Most workers’ compensation law firms work on a contingency basis, which means they do not collect a fee unless you obtain benefits, and this is the approach of the Mann Law Firm.

Call The Georgia Workers’ Compensation Lawyers at the Mann Law Firm Today To Discuss Your Claim.

After a workers’ compensation denial, you may think that your claim is completely over. That is not true. You have the right to appeal your claim, but you should do so immediately after receiving the denial.

The lawyers at the Mann Law Firm understand your frustrations and are here to help you with your claim. Give us a call at (478) 742-3381 to discuss your case. We will work closely with you to get the appeal process in place. We truly care about our clients and their success. At the Mann Law Firm, you always come first.

Attorney David Mann

Attorney David Mann Before leading his own firm, Mann served for several years as in-house defense counsel for a large insurance company, which gives him unique insight into how insurance companies work. He uses this critical knowledge as an advantage for his clients. He is a tough negotiator and litigator, and he is exceptionally strategic in building cases on behalf of personal injury victims. [ Attorney Bio ]

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