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Workplace accidents are, unfortunately, inevitable as we work hard every day to meet deadlines, fulfill orders, and get difficult tasks done. Workers’ compensation policies should be in place at most businesses in Georgia to cover the expenses that arise from unexpected workplace accidents.
These policies act as a financial safety net for workers who are injured on the job or who become ill because of their working conditions. If you are eligible for workers’ compensation, your benefits may cover the cost of hospitalization, your medical expenses, and your lost income if you are unable to work for some time due to your injuries. Workers’ compensation policies are also there to protect employers from the liability of having to personally cover the expenses that may result from workplace injuries.
If your workers’ compensation was denied, contact an experienced workers’ compensation lawyer in Atlanta who can evaluate your case and help prepare an appeal. Get the benefits you deserve by contacting Moebes Law today.
Why Was Your Workers’ Compensation Claim Denied?
While workers’ compensation covers a wide range of workplace accidents and illnesses, there are a few reasons why your claim may be denied by the insurer:
Missed deadlines
After a workplace accident, you will have up to 30 days to report your injuries. Overshooting this important deadline may leave you unable to file for benefits. When reporting the accident, you must make sure to follow your company’s protocols, as any mistakes you make could give the insurer ammunition to dispute your case.
Delaying notifying your employer of a workplace injury may also cause you to miss the tight deadlines for filing a workers’ compensation claim, and you could miss out on your benefits. To avoid your claim being denied for these reasons, be sure to inform your employer immediately if you are injured at work, and consider hiring a workers’ compensation lawyer who will ensure that all your paperwork is filled out correctly and submitted on time.
Your injury or illness is not work-related
There are a few reasons your injury may be classified as nonwork-related. For example, if your injury was the result of a pre-existing condition, your injury happened during your lunch break, there were no witnesses when the injury occurred, and you did not report it to your employer immediately.
This, again, highlights the importance of reporting your injuries as soon as possible to avoid your injury being disputed as non-work-related.
You have a pre-existing condition
Having a prior injury can complicate your claim as the insurer may attribute some—or even all—of your symptoms to this pre-existing condition. However, while they may make it seem like a previous injury disqualifies you from receiving benefits, this is not the case–an aggravation of an old injury is a new injury here in Georgia. You might, however, run into issues if you were asked about any pre-existing conditions when you were first hired and failed to disclose this information.
Your injuries were due to negligence
If your injuries were due to horseplay at work, were intentional in any way, or were caused because of a break in safety protocol, your claim is likely to be denied. Be sure to follow all safety protocols when carrying out your work to avoid unnecessary injury and your claim being denied.
You were intoxicated at the time of injury
If your employer can prove that you were using alcohol or illegal substances when the workplace accident happened, the insurer will have grounds to deny your claim for compensation. You may also be terminated, as many businesses have policies against the possession of alcohol and other substances while at work.
Be sure to familiarize yourself with the workplace policies and abide by these rules and regulations.
You did not seek prompt medical care
Even if your injuries seem minor, you should visit a doctor immediately after a workplace accident. A diligent healthcare provider will usually create detailed medical records documenting the types of injuries you suffered, and the treatments you have undergone and will still require. He or she may also include information about how your condition could inhibit your ability to work and tackle other everyday tasks.
You will need access to up-to-date medical records for a variety of reasons, including proving your damages and tying your injuries to the incident. Waiting too long to visit the doctor could give your employer room to assert that you suffered your injury in a different incident, as the date of your diagnosis doesn’t correlate with the date of the workplace accident. Don’t “wait and see” if you get better on your own–especially if you were injured on a Friday!
Discuss Your Case with an Experienced Atlanta Workers’ Compensation Lawyer
If you are uncertain if you are eligible to receive workers’ compensation benefits, give us a call at Moebes Law. One of our seasoned workers’ compensation lawyers will be happy to assess your case during a free initial consultation in which your attorney will provide you with guidance and legal advice on how to proceed. We will make use of all of our resources to help you to strengthen your claim and fight for the compensation that you deserve.
Call us at 404-354-5432 or fill in our online contact form to speak to a workers’ compensation attorney today.
