Denied Workers’ Compensation Claims
Brunswick Attorney for 20+ Years
Many individuals unfamiliar with the workers’ comp system may think it’s relatively easy to secure benefits after they’ve been injured. After all, your injuries occurred while working and you may know your employer is required to have workers’ comp insurance. However, the reality is that obtaining workers’ compensation benefits is trickier than you may think, and countless workers are surprised when their claims are rejected. If your claim has been denied, there’s no need to lose hope just yet. The Law Office of Brad S. McLelland, PC. can help you understand your options and represent you in the fight for compensation. I’m a Brunswick attorney who has recovered millions for clients who have been injured in accidents, including those injured while at work, and can appeal your claim so you don’t miss your opportunity to heal efficiently and securely.
Common Reasons for Claim Denials
Most people who have their workers’ compensation claims denied are notified via letter, which may explain why the claim was denied. I can examine your letter to determine the reason for the denial and then strategize a solution so you still have a chance at obtaining your benefits.
Common reasons why claims are initially denied include:
- You missed a deadline: Workers who are injured must report the accident to their employers right away and then file a claim. It’s important to be aware of your state’s time limits, as each state as its own limit for reporting injuries and filing claims. If you miss your state’s deadline, your claim will most likely be denied. In Georgia, workers have one year from the date of injury within which they can file a claim for benefits.
- The claim was filed after you left your job: Some insurance companies deny claims that were filed after the employee has quit or was laid off, but there may be legitimate reasons for waiting to file a claim. Some injuries can develop over time after workers have left the jobs where the injuries began forming.
- Your condition doesn’t meet state guidelines: Some states of restrictions on claims filed for trauma or other psychological conditions, which is why it’s important to hire an attorney who is well-versed on state laws.
- It’s disputed whether your injury is work-related: The most common reason for denying claims that employers and insurance companies will use is that there isn’t sufficient evidence to prove that the reported injuries are related to work. In these cases, you may need more medical evidence, witness accounts, or other evidence.
What to Do When Your Workers’ Comp Claim is Denied
Georgia specifically rules out workers’ comp coverage for injuries acquired in certain circumstances. If you intentionally harmed yourself, your injuries resulted from your own misconduct, such as being under the influence of drugs or alcohol, someone else hurt you for personal reasons, or you had a heart attack or stroke, you’re not eligible for securing workers’ compensation benefits.
However, if your injuries were work-related and don’t involve any of the aforementioned circumstances, you make be able to appeal a claim to be reviewed by the State Board of Workers’ Compensation (SBWC) in Georgia.
In order to challenge the refusal, workers must file a notice of claim within one year of their injury and you may be ordered to participate in mediation. If an agreement isn’t reached with the insurance company, you’ll head to the appeals process through a workers’ comp hearing. This is why it’s essential that you hire a workers’ compensation attorney. I have been through the appeals process countless times and know how to reach a solution that works for you.
When you call me, I can walk you through the steps you need to take to file an appeal so you feel informed and empowered. The sooner you act, the sooner you can be compensated and on the road to recovery.
Appeal your denied workers’ comp claim today and call a Brunswick attorney for help at (912) 400-0039. I can conduct home or hospital visits if you’re unable to visit me at the office.