Denied Workers Compensation Claims / Appeals
by Alpharetta, GA Work Comp Lawyer Casey W. Stevens
Until it has happened to you, you may not have realized having a workers' compensation claim denied is a fairly common occurrence. And while this may be a dismal prospect, appealing your claim in a timely manner is crucial to getting the compensation you deserve for your workplace injury. Hiring an attorney can give you the skill and edge needed to successfully appeal your claim.
At The Law Office of Casey W. Stevens, in Alpharetta, Georgia, we work with clients whose denied claims leave them wondering if they will ever be granted the compensation they are entitled to for their workplace injuries. To obtain a free initial consultation to discuss your workers' comp case, we invite you to contact us and schedule a free initial consultation.Why Workers' Compensation Claims get Denied
There are many reasons your claim may be initially denied, and those reasons will be outlined in your denial letter. This information is instrumental in helping us know how to best assist you in appealing your denied workers' compensation claim. If you do not agree with the conclusion, you can appeal the denial through the Georgia State Board for Workers' Compensation. Remember, if we are not able to successfully appeal your claim, you owe us nothing.
In order to qualify for workers' compensation, you must have been stricken with an injury or illness that occurred or arose from the course of employment. Claims for injuries obtained during breaks, lunch or personal activity will often be denied. So, for instance, if you were injured at a company softball game, your injures are not covered by work comp. If you were injured at lunch time while going to the post office to pick up a package for your employer, this would be a claim that might be initially denied. If you were injured doing an activity you knew was risky or did not follow company safety protocol, your claim will most likely be denied. For instance, if you mop a floor and then are injured by slipping on the wet floor, your claim might be denied.
Timeliness of reporting is also important. In the State of Georgia, you must notify your supervisor in writing within 30 days. Make sure you get a receipt from your employer noting the date and time of the accident and the date of reporting. You must request a claim form from your employer and fill it out completely. Your employer must then return the form to the claims department at the State of Georgia. Your claim may also be denied if your employer disputes the claim, or if there is not enough evidence you are injured or received your injury as a result of your job duties. If your claim is difficult to prove, it might also be denied. Illnesses like mesothelioma, lead or asbestos poisoning are easier to claim in industries that typically have high exposures to those substances, but are less likely to be approved if your line of work has limited or no exposure to the substances. Possible exposure to substances outside of work could have then been the cause of the illness. Some states do not allow compensation for things like emotional stress. Your claim might also be denied if you received no or little medical treatment subsequent to the claimed injury.Providing Resources
In addition to providing personal injury services as well as assistance in filing initial workers' compensation claims, we provide referral services to those wishing to appeal their workers' comp claims or who have been fired for filing a workers' comp claim. We affiliate ourselves with lawyers who, like our attorneys, are equipped with experience and skill.
If you are living under the financial pressure and physical pain brought about by a personal injury, we invite you to contact The Law Office of Casey W. Stevens, today. Call (770) 408-6364 for a free initial consultation. If you prefer a face-to-face meeting, you can visit us at one of our Atlanta, Woodstock, Suwanee, Dawsonville or Alpharetta, Georgia locations, or we will come to you.