What Should I Do If My Workers’ Compensation Claim in Atlanta is Denied?

As an employee, you have the right to file for workers’ compensation in Atlanta, GA. You may have sustained injuries in the performance of your duties. Or, you may have developed an occupational illness due to health risks involved in your work. A workers’ compensation claim to help you recover from losses as you stay out of work and recuperate.

There are cases, however, where an employer or the insurance carrier denies an employee’s application for workers’ compensation. If your employer denies your workers’ compensation claim, you should immediately seek counsel from an Atlanta workers’ compensation attorney.

A workers’ compensation lawyer in Atlanta may advise you, on which steps to take following a denial.

From an Atlanta Workers’ Compensation Attorney: Steps to Take after a Claims Denial

Once you have filed a workers’ compensation claim in Atlanta, GA, your employer may either approve or deny it. A denied claim means that you may not be able to obtain any compensation for your injuries. It also means that the insurance carrier for your employer has determined your injuries to be non-compensable.

An important thing which you should do after a claim rejection is to seek an Atlanta workers’ compensation attorney. They can walk you through the following steps after a claims rejection:

• File a notice of claim or WC-14 form

You need to file this notice no later than one year from the date of your accident or injury. It is typically addressed to the Georgia State Board of Workers’ Compensation. Your workers’ compensation lawyer in Atlanta can help you file the notice of claim within the time limits. Filing beyond the determined date may negate your opportunity to appeal your rejected claim. If possible, you should not delay in filing all necessary documents.

• Attend a mediation hearing

A trial may take place not long after the court receives your notice. However, you may receive an invitation to mediation first. During mediation, you and your workers’ compensation attorney in Georgia will meet with your employer’s insurance carrier. You and the other party will attempt to reach an agreement as a way to avoid a trial.

If no agreement is worked out, however, the case may proceed to trial. As much as possible, you must have a legal representative with you. The representation of a workers’ compensation lawyer in Atlanta can help your claim.

• Attend a formal hearing or trial

A trial is usually set within sixty days following the filing of the request for hearing and a judge is assigned. This is where your Atlanta workers’ compensation attorney will present documents and testimony to strengthen your case. However, the other party will also be able to present their own evidence. The judge will evaluate all evidence submitted and notify you of the decision through the mail.

One possible complexity in a trial is that not all types of evidence may be permissible during the hearing. If you are not properly represented by a workers’ compensation lawyer in Atlanta, this can be challenging.

• Filing an appeal

Having received the judge’s decision, you may not agree with it. If you plan to contest the decision, however, you do so through another appeal. This time, you will have to go through the appellate division of the State Board for Workers’ Compensation. Time limits can be challenging at only 20 days after the judge’s decision. Again, you will need the help of an Atlanta workers’ compensation attorney.

Your lawyer may also appeal to the State Court of Georgia. This is usually the next step if the State Board does not rule in your favor.

Relying on a Capable and Committed workers’ compensation Attorney in Georgia

It can be difficult for any injured or recuperating employee to deal with the insurance company on their own. A workers’ compensation attorney in Georgia can help from claim initiation to mediation to trial. An Atlanta workers’ compensation attorney may also negotiate with an insurance carrier on your behalf. This is done to ensure that you obtain the compensation amount you truly deserve. Generally, the earlier you hire an attorney the better. She will take steps to make sure your rights are preserved early on.

There are many reasons why an insurance carrier may deny your workers’ compensation claim. However, a workers’ compensation lawyer in Atlanta will have already dealt with insurance companies in the past. The help of a workers’ compensation attorney in Georgia can increase your chances of a successful resolution.