Stephen Hasner | Workers' Compensation | November 15, 2016
On-the-job accidents and injuries can occur in any occupation, and when they do, the impacts can be severe. In addition to dealing with medical expenses and the need for ongoing treatment, your injuries may affect your ability to work at your job, both now and in the years to come. While workers’ compensation can provide the benefits you need to recover, failing to follow the proper procedures or to adequately defend your claim can result in your benefits being denied.
At Hasner Law PC, we work diligently to defend injured workers and their rights to compensation. With more than 60 years’ experience representing clients, our Georgia workers’ compensation lawyers have the legal knowledge and experience to guide and assist you if your workers’ compensation is denied, so that you can get the benefits you are entitled to.
What Should I Do After Workers’ Comp Is Denied in Atlanta?
The Bureau of Labor Statistics (BLS) reports that as many as eight out of every 100 workers in Georgia suffer some type of work-related injury each year. When accidents and injuries do occur, workers’ compensation benefits offer the medical, rehabilitative, and wage replacement benefits you need to recover. In order to receive these benefits, workers are required to follow certain regulations and requirements. Failing to do so could result in your claim being denied. According to the State Board of Workers Compensation (SBWC) Employee Handbook, common reasons for a denial include the following:
- Failing to report injuries within required timeframes;
- Failing to seek medical care from an authorized physician;
- Submitting incorrect or fraudulent information;
- Requesting compensation for injuries that are not covered or did not occur during your employment;
- Refusing to take a drug test;
- Suffering injuries that resulted from employee misconduct, such as fighting or horseplay.
Steps to take after workers’ compensation is denied include requesting a hearing, gathering evidence in support of your claim, and contacting an experienced workers’ compensation lawyer to represent you in the matter.
Do I Need A Savannah Workers’ Compensation Lawyer?
When your workers’ compensation benefits are denied, you are entitled to appeal the decision. A hearing will be held before an administrative law judge, who will hear testimony from all those involved before rendering a decision based on the facts of your case. While SBWC legal rules and guidelines do not require you to have a lawyer, they do suggest professional legal representation as a way of ensuring your claim is presented properly. Ways in which a lawyer can help you with a denied claim include:
- Ensuring your appeal is filed within appropriate timelines;
- Gathering medical records, witness testimony, and other evidence in support of your claim;
- Providing legal guidance in the actions you should take while awaiting your hearing;
- Seeking resolution through a settlement with the employer/insurer;
- Making an effective legal argument before the administrative judge, while disputing and evidence against you.