Workers’ compensation benefits help injured employees obtain medical treatment and provide for their families after a workplace accident. However, some employers deny claims for specious reasons, leaving you scrambling to pay bills and receive medical care.
Fortunately, a Savannah denied claims attorney with Bader Scott Injury Lawyers can help if you encounter difficulty receiving benefits. We will use our workers’ compensation case experience and knowledge of the law to prepare your claim for an appeal and represent you throughout the process. In addition, we can examine your case and determine if you have grounds for a personal injury lawsuit.
Why Was Your Workers’ Compensation Claim Denied?
Employers and insurers deny workers’ compensation claims for various reasons. Our lawyers can review your initial application and discover why your employer’s provider refused coverage. Then, we can address potential issues.
Allegations Your Injury did Not Occur at Work
The State Board of Workers’ Compensation (SBWC) explains how Georgia employers must provide workers’ compensation if their business has more than three employees. In addition, your coverage begins on the first day of your employment and applies to work-related injuries. Workers’ compensation generally includes:
- Medical coverage
- Partial wage replacement benefits
- Vocational training
- Death benefits for qualified family members of fatally injured workers
However, the insurer might deny your benefits if it believes your injury did not happen on the job or resulted from a pre-existing condition. So, our attorneys will collect evidence proving your injury occurred in a workplace accident, including eyewitness statements, available surveillance footage, and expert medical opinions.
Claims of Misconduct
You do not have to prove that another party is liable for your injury to receive workers’ compensation. However, an employee’s negligent behavior may disqualify them from recovering benefits. For example, the insurer may deny your claim if it or your employer believes:
- You were under the influence of alcohol or drugs at the time of your accident
- Your injury occurred during “horseplay” or roughhousing
- You intentionally caused your injury
Our denied claims lawyers serving Savannah can defend you against these allegations and obtain evidence supporting your account of the accident.
Disputes Over Covered Medical Care
You could run into problems with your claim if you failed to seek medical treatment immediately following the accident or did not receive care from an authorized physician. Additionally, workers’ compensation may deny benefits for treatments not deemed medically necessary.
In general, coverage should include all past and future treatment resulting from your work injury, including:
- Emergency transportation and services
- Medical procedures
- Doctor and hospital fees
- Physical therapy and rehabilitation
- Prescription drugs, medical devices, and medical equipment
- Long-term care services
Our attorneys can help you sort out provider issues and fight to ensure the insurer covers your needed treatment so that you and your family do not pay out of pocket.
Expired Deadlines
Injured workers must report their accident to their employer within 30 days of when it happened. Additionally, workers have one year to file a workers’ compensation claim. If your denial is due to a missed deadline, we can see if exceptions apply to your case. We can also help you look into other options for recovering your losses.
For a free legal consultation with a denied claims lawyer serving Savannah, call (404) 888-8888
Our Savannah Attorneys Can Navigate Your Appeal
You can engage the services of an attorney at any stage of the workers’ compensation appeals process. However, to initiate an appeal, you must first file a Notice of Claim (form WC-14) with the SBWC. From there, you have two options:
- Mediation. You can attempt to resolve your case through mediation conducted by the SBWC’s Alternative Dispute Resolution (ADR) Division. Our lawyers can help you build your case prior to mediation, sit in on sessions, advise you of your case’s progress, and review settlement offers. We can also evaluate the strength of the opposing side’s claims if the case progresses to a hearing or trial.
- Administrative Law Judge (ALJ) Hearing. You can bypass mediation and request an ALJ hearing or ask for a hearing if mediation is unsuccessful. The hearing is like a trial, during which both sides present their case. Our lawyers can represent you during this hearing as in any court proceeding.
Act Quickly to Protect Your Right to Compensation
You must file your WC-14 within one year of your accident. Usually, your ALJ hearing will take place within 60 days of filing. Finally, if you disagree with the ALJ’s ruling, you have 20 days to appeal to the SBWC’s Appellate Division. The sooner you engage our team’s services, the sooner we can get to work constructing your case.
Savannah Denied Claims Lawyer Near Me (404) 888-8888
Our Lawyers Can Determine if You Qualify for Legal Action
You may be able to pursue damages with a personal injury lawsuit. While you cannot sue your employer, we can investigate your accident and determine if you have a case against a liable third party, such as an equipment manufacturer, subcontractor, or reckless coworker. Compensation might include:
- Medical bills
- Lost income
- Lost future earning capacity
- Pain and suffering damages
- Personal property damages
- Household services
- Losses related to the wrongful death of a loved one
If you qualify for legal action, you must file suit within the two-year statute of limitations established by O.C.G.A. § 9-3-33. Our lawyers can help you identify at-fault parties and prove negligence before time expires.
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We Assist With a Variety of Workplace Accidents
Bader Scott Injury Lawyers has served injured Georgians since 2008. In addition, we have experience with many work-related accidents, including:
- Construction accidents
- Mining accidents
- Gas explosions
- Slip and falls
- Heavy machinery accidents
- Defective/faulty equipment accidents
- Struck by/against accidents
- Falls from heights
- Car and truck collisions
- Catastrophic injury accidents
- Industrial accidents
- Chemical and hazardous material exposure
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Contact Bader Scott Injury Lawyers for Help Today
Bader Scott Injury Lawyers can take your case at no upfront cost to you or your family. We work on contingency, which means we only get paid if we obtain compensation. So, contact us today for a free consultation and learn more about how our Savannah attorneys can help with your denied claim.
Call or text (404) 888-8888 or complete a Free Case Evaluation form
