404-636-4900 Last year, Georgia’s State Board of Workers’ Compensation reported 27,560 indemnity claims. Despite these numbers, many workers encounter significant obstacles in receiving the benefits they’re entitled to after a workplace accident. There are various reasons for this, but in today’s article, you’ll discover how to address these problems.
When facing resistance from employers or insurance companies, you can find yourself in a frustrating position. From delays in processing claims to outright denials, here we’ll cover the most common problems in receiving workers’ compensation benefits.
Common Issues Faced When Filing for Workers’ Compensation Benefits in Georgia
Filing for workers’ compensation benefits in Georgia is the first step after being injured at work. However, this isn’t necessarily straightforward and many workers encounter significant challenges in the process.
On the one hand, delayed benefits are a common situation, which leaves workers without financial support during their recovery period. This often happens due to errors in filing the claim or resistance from employers or insurance companies.
Additionally, even when benefits are approved, workers may receive less than they’re entitled to, compounding their financial strain. Here, seeking legal help can provide you with the much-needed guidance to understand the full amount you deserve and avoid settling for less.
On the other hand, denied benefits (whether due to paperwork errors or disputes over the nature of the injury) can leave workers without the compensation they were expecting to protect their financial stability. In these cases, however, you always have the chance to appeal, and a legal professional can help you successfully navigate this process.
Lastly, there may be significant pressure to settle from employers or insurance companies wanting to solve the case quickly. This can force workers into accepting unfavorable terms that don’t necessarily cover all the costs associated with their injuries.
Employer-Related Challenges
Employers’ actions directly impact the outcome of a workers’ compensation claim. Some ways they can obstruct the process include:
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- Failure to report: If the employer fails to report injuries promptly, it can delay the entire process and even leave workers without the support they need.
- Disputing the injury: Some employers dispute the injury by questioning whether it is work-related to avoid liability, which can jeopardize your entire claim.
- Retaliation: Fear of retaliation is a common concern for many workers who ask: can I be fired while on workers’ compensation? The fear of being fired or facing other forms of punishment for filing a claim can lead to underreporting of injuries and insufficient documentation.
Insurance Company Tactics
It’s common for insurance companies to employ various tactics to minimize or deny workers’ compensation claims. One common strategy is disputing the severity of the injury, arguing that it’s not as serious as reported. This can result in reduced benefits or complete denial of the claim.
Another common tool used by insurance companies to challenge a worker’s claim is independent medical exams (IMEs). These exams, often conducted by doctors chosen by the insurance company, can yield results that contradict the worker’s own medical records.
Additionally, surveillance is sometimes used to monitor workers’ activities, looking for any evidence that might undermine their claims.
Legal Obstacles
Some of the most common legal obstacles encountered by individuals looking to pursue a workers’ compensation claim in Georgia include:
- Statute of limitations: According to Georgia’s State Board of Workers’ Compensation, you need to report the injury immediately and avoid waiting longer than 30 days. Missing the 30-day deadline to file a claim can result in a complete loss of benefits.
- Paperwork errors: Mistakes in filling out Georgia’s workers’ compensation forms or providing insufficient information can lead to delays or outright denials.
- Lack of documentation: Lacking documentation regarding the injury or medical treatment can weaken a claim, making it more susceptible to challenges from employers or insurance companies.
Steps to Take When Facing Workers’ Compensation Issues
When looking to file a workers’ compensation claim, there are several steps you can take to protect your rights and increase your chances of a successful outcome:
- Seek medical attention immediately and ensure all injuries are thoroughly documented. This documentation will be vital in supporting the claim.
- Report the injury to your employer as soon as possible. Prompt reporting helps prevent disputes over the timing and cause of the injury.
- Maintain comprehensive records of all communications and documents related to the claim. These records provide crucial evidence to counter any disputes or challenges.
- Consult an attorney to help you navigate the claim process and potential disputes. Legal professionals can offer guidance and represent workers’ interests throughout the process.
If you need more guidance regarding the steps to correctly file a claim, check out our guide to filing workers’ compensation in Georgia.
Why Legal Assistance Is Crucial – Contact a Workers’ Compensation Attorney in Georgia
If you’re looking to file a workers’ compensation claim, the attorneys at Deming Parker can help you with every stage of the process. Our experienced team will ensure all paperwork is correctly filed, deadlines are met, and any disputes are effectively addressed. We aim to make the whole process as stress-free as possible for you to focus on recovery.
Additionally, we’ll handle all communications with other parties involved in the claim, and this legal representation provides a buffer against pressure from employers or insurance companies. Our workers’ compensation lawyers in Georgia bring 50+ years of experience to your claim and can significantly increase the likelihood of a favorable outcome.
If you’re facing challenges with your claim, contact Deming Parker today.
