Common Workers’’ Comp Disputes and How to Address Them
Even though workers’ compensation is a no-fault insurance system for workplace injuries, it does not guarantee payment of benefits. Your employer or the insurance company may dispute your claim. In this blog, our Atlanta & Savannah workers’ compensation attorney discusses common workers’ comp disputes and how you can address them.
Common Disputes to Workers’ Compensation Claims in Atlanta & Savannah, GA
The insurance company or your employer may deny your workers’ compensation claim for one or more reasons. Common disputes that could result in a denial or delay of a workers’ comp claim include:
Failing to Report a Workplace Injury or Accident
Workers have 30 days to report a workplace injury or accident to their employer or their immediate supervisor or manager. Failing to report a workplace injury within 30 days could result in losing your workers’ comp benefits.
Report all injuries immediately to your employer. Make notes for your records of the date and time you filed the report and to whom. Ask for a copy of a written report for your records.
Failing to Seek Medical Treatment
Insurance companies use delays in medical care to allege a worker was not injured on the job and/or the injury is not as severe as the worker alleges. Always seek prompt medical care for a workplace injury.
Disputes Related to Employment Status
Workers’ compensation covers employees. It does not apply to independent contractors. An independent contractor is a separate entity or self-employed individual hired by the company to provide specific services. An employer may misclassify an employee to avoid providing workers’ comp and other benefits.
Failing a Drug Test
Your employer may require you to take a drug and/or alcohol test after a workplace injury. If you fail the test, you may not receive workers’ compensation if being impaired caused your injuries.
Talk with a lawyer about obtaining a second drug test from an independent testing facility to verify the results. An attorney may be able to challenge the validity of the results.
Conduct Outside of the Scope of Employment
Workers’ compensation only applies to injuries that occur within the ordinary course of employment. The employer or insurance provider may claim that you were injured while you were off the clock or performing duties not within the scope of your employment.
Missing Deadlines in a Workers’ Compensation Case
If you miss a deadline in your workers’ comp case, your claim will likely be denied. The insurance company or your employer may delay your claim to cause you to miss the deadline. Talk with a lawyer if you are unaware of the deadlines in your case.
What Should I Do if My Workers’ Compensation Claim is Disputed or Denied?
There are other reasons for disputing workers’ compensation, such as pre-existing conditions, providing insufficient information, and lack of causation. Contact a workers’ comp attorney immediately if your claim is denied or disputed. You do not want to miss deadlines for appealing a workers’ comp claim.
Generally, the first step in appealing a denial is to request a hearing before the Georgia State Board of Workers’ Compensation Claims. An attorney may negotiate a fair settlement with the insurance company and your employer.
If the companies continue to dispute your claim, your attorney can pursue the next level of appeal. Remember, you have short deadlines to appeal workers’ compensation denials, so act now.
Schedule Your Free Consultation with Our Atlanta & Savannah Workers’ Compensation Attorney
Your employer or the insurance provider may dispute your workers’ comp claim. If so, you can benefit from working with an experienced Atlanta & Savannah workers’ compensation attorney. Our attorney has substantial experience handling workers’ comp claims and appeals. Contact us today.