Georgia laws mandate all employers in the state to obtain workers comp insurance or qualify their businesses as self-insured. With this coverage, an employer can take care of an employee’s expenses and income losses due to work-related injuries. There are instances, however, where an employer denies a workers comp claim. The reasons often vary, from failure to observe deadlines to non-qualification as a permanent employee. Regardless of the reason for the denial, you have the right to appeal your claim. A Georgia workers compensation lawyer can help you with a rejected workers comp claim in Atlanta.
From a Georgia Workers Compensation Lawyer: Reasons for Claim Denial in Atlanta, GA
The reasons for denied workers comp claim, whether in Atlanta, GA or beyond, are many and varied. In the state of Georgia, the law requires all employers and businesses to procure workers compensation coverage. A company without insurance will have to pay fines and compensate their qualified employees every single time.
A Georgia workers compensation lawyer will have had experience in handing declined claims due to any of the reasons below:
- Failure to make a claim according to the set deadline of one year
- Failure to report the injury to the employer within 30 days
- Unqualified employment status
- Participatory negligence
- Injury sustained while intoxicated
- Incomplete forms or attachments
How Can a Georgia Workers Compensation Lawyer Help with a Denied Claim in Atlanta, GA?
The steps to an appeal and hearing can be challenging following your employer’s rejection of your workers comp claim. At this juncture, you may wish to accomplish all the requirements on your own, without any legal assistance. Nonetheless, relying on a trustworthy lawyer can significantly influence the success of your appeal.
The following are the ways by which a committed workers comp attorney can help your claim:
File an appeal at the Georgia Workers Compensation Board.
An appeal to the Workers Compensation Board is your next best step after a denial on your workers comp claim. Since the information and explanatory requirements are a challenge, it’s recommended that you hire a reliable attorney. Your lawyer can also inform you of crucial filing deadlines to avoid further complications. All of these make your chosen legal counsel an important component of your appeal efforts.
Negotiate for you during mediation proceedings.
Prior to the formal hearing, the Board may facilitate a mediatory meeting between you and your employer. This is with the expectation that both parties arrive at a settlement and forego a court proceeding. While a negotiation is on-going, you must ensure that your employee rights are upheld throughout. The presence of your lawyer can give you the confidence to negotiate fairly, as you clearly deserve.
Represent you in a formal hearing.
If mediation does not result in any clear settlement, a hearing may have to take place afterwards. It will be necessary to present your reasons for the appeal as well as to exhibit crucial evidence. A workers comp lawyer with courtroom skills will serve as a huge advantage for you during an appeal hearing.
If the board rejects your appeal after a hearing, you may still file for further appeals in the higher courts. Your attorney can assist you in your efforts at appealing your claims, from initial filing to facing the appellate courts.
Talk to a Georgia Workers Compensation Lawyer for Your Workers Comp Claim Today
If your employer in Atlanta, Georgia has denied your workers comp claim, all is not yet lost. There is a series of process which your Georgia workers compensation lawyer can help you through. By filing an appeal, you stand a better chance at having your workers comp claim approved. Proper and timely workers’ compensation is a right of every hardworking employee. To work with a Georgia workers compensation lawyer, get in touch with us at Ted A. Greve & Associates today.