Most employees are entitled to collect workers’ compensation benefits if they are injured or develop an illness on the job. However, there are times when the Georgia State Board of Workers’ Compensation (SBWC) or the employer’s insurer will deny their claim. If that happened to you, you can file an appeal.
The appeals process for workers’ compensation benefits can be complex. So, you may want to consider retaining the services of an Atlanta workers’ compensation attorney with Bader Scott Injury Lawyers to guide you. They can help you figure out why your claim got denied and explore your options with you.
Possible Reasons Your Workers’ Compensation Claim Got Denied
Whenever you’re pursuing compensation from another party, there is a lot of room for misunderstandings or miscommunications. In turn, workers’ compensation claims could be denied, especially when:
- There is a processing error: The workers’ compensation claim processor was possibly inadequately trained or misread something on your application.
- There was confusion about deadlines: You have 30 days to report your injury to your employer and one year to file your claim with the SBWC. If you didn’t meet these deadlines, then your claim may be denied.
- Your injuries aren’t considered to be serious: The process or insurer may deny your claim if they didn’t think your injuries were serious enough for you to receive medical treatment.
There are instances in which the insurer or the SBWC could deny your claim because they think you or someone else was partially responsible for your work-related injury or illness. Examples include:
- You were intoxicated at the time of the accident.
- Something else outside of work caused your injury.
- Your employer may blame your injury or illness on your pre-existing condition.
The SBWC will notify you if it denied your claim and explain why. In most cases, you’ll know that the insurer denied your claim if you don’t receive payments. In any event, you can then request a hearing before the SBWC to try to collect benefits.
A Third Party Could Be Responsible for Your Work-Related Injury or Illness
Sometimes, an independent contractor or another third-party partner was negligent and caused your workplace accident. In that case, you may be able to file a personal injury lawsuit against them. In general, O.C.G.A. § 9-3-33 allows claimants two years to take action.
It’s important that you adhere to this deadline. Otherwise, the court may have grounds to deny your lawsuit altogether. The responsibility of paying your damages would then fall onto you.
Some Employees Aren’t Eligible to Receive Workers’ Compensation Benefits
Companies with three or more employees must purchase workers’ compensation insurance. However, some employees are not eligible for such benefits, including:
- Independent contractors
- Seasonal workers
- Federal government employees
Even so, you still may have options for collecting damages if you cannot obtain workers’ compensation benefits.
If Your Employer Tries to Talk You Out of Filing a Workers’ Compensation Claim in Atlanta
Because most employers are to provide their employees with workers’ compensation benefits, most employees are qualified to collect them—no matter who was at fault for the accident.
Still, some employers may try not to bear any responsibility for what happened and talk you out of receiving medical care.
What your employer should typically do after an accident is refer you to a physician who is covered by their insurance and pay for all related medical bills. Denying your claim in bad faith is illegal, and you may want to consider consulting an attorney with our firm if you are in this situation.
For a free legal consultation with a denied claims lawyer serving Atlanta, call (404) 888-8888
How One of Our Lawyers Serving Atlanta Can Help You with Your Denied Claim
Handling a denied claim can be complicated and hinder your recovery from your injury or illness. Allow a workers’ compensation lawyer with Bader Scott Injury Lawyers to take this weight off your shoulders and advocate for you.
Some of the duties they can carry out for you include:
- Helping you obtain evidence, such as your medical records, available video surveillance that captures the accident, relevant photos, and statements from witnesses
- Adhering to deadlines enforced by the SWBC
- Filing an appeal and fighting the denial of your claim
- Representing you during legal proceedings, including mediation and hearing
- Negotiating a fair settlement
If you have any reservations about your case, bring them up to your Atlanta personal injury attorney. You won’t be left in the dark with Bader Scott Injury Lawyers by your side.
How Our Atlanta Injury Attorneys Get Paid in a Denied Claims Case
Our law firm takes all injury cases based on contingency, meaning:
- Your initial call is free.
- We do not require payments by the hour, out of pocket, or starting up.
- Our fee comes from the compensation we obtain for you.
- We don’t take a fee if we don’t win.
With this payment arrangement, your financial well-being is not at risk.
Atlanta Denied Claims Lawyer Near Me (404) 888-8888
How Our Past Workers’ Compensation Clients Felt About Partnering with Us
Since 2008, Bader Scott Injury Lawyers has championed injury victims. Here’s what some of them have said about hiring our legal services:
- “Seth Bader and his team are highly knowledgeable and incredibly compassionate. Seth takes care of his clients and will not stop fighting until he gets the best outcome. I highly recommend Bader Law Firm to anyone who needs a workers comp attorney in Atlanta!” – Vivian W.
- “Thank you to Bader Law Firm for helping out my husband during his workers compensation case. The staff and attorneys are very professional and we should have hired them from the start instead of hiring another attorney who let us down…” – Elizabeth G.
In addition, we achieved successful outcomes for our workers’ compensation clients, including $5.25 million and $2 million awards.
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Start Working on Your Denied Claim with Bader Scott Injury Lawyers Today
If your workers’ compensation claim was denied in Fulton County, our attorneys can go over your case with you and determine your next steps. Call Bader Scott Injury Lawyers at (404) 888-8888 today. The first call is free of charge and obligation.