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What Happens If My Workers Compensation Claim Is Denied – With the exception of a few types of businesses, every employer in Georgia is required to carry workers’ compensation insurance. This insurance is designed to cover claims against the employer from employees injured on the job. Call today to start the process for your workers’ compensation claim in Kennesaw.
If you are injured on the job, you have the right to claim medical expenses, lost wages, and other expenses from your employer.
What Happens If My Workers Compensation Claim Is Denied
For more information about how your Kennesaw workers’ compensation claim works, contact our Atlanta, Georgia workers’ compensation lawyers.
What If My Employer Has No Workers’ Compensation Insurance?
Injuries that are covered by a workers’ compensation claim are called compensable injuries. In order for damages to be considered compensable, the following 3 criteria must be met:
However, there are certain exceptions that can cause an employer and their insurance provider to deny a claim, including:
The state of Georgia uses a 1-year statute of limitations for workers’ compensation claims. This means that you have exactly 12 months from the date of injury to file a workers’ comp claim.
The period may be extended if the employer provides medical care and the employee is able to continue working. If you miss a deadline by just 1 day, you can no longer claim compensation from your employer.
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However, it’s important to note that you have 30 days to report your injury to your employer. If you do not notify your employer in writing within 30 days of your injury, you cannot claim workers’ compensation.
It is very important to start the claim process immediately after the injury or as soon as medically possible. While 1 year may seem like enough time to file a claim, if your claim is denied, you still only have 1 year from the date of your injury to request a hearing from the state workers’ compensation board.
Completing your workers’ compensation claim is important to getting your claim approved by your employer and their insurance provider. As part of the workers’ compensation claim process in Kennesaw, you must take the following steps.
You must report your injury, the nature of your injuries, and how the injury occurred to your employer. This must be done in writing. Some employers will have a formal incident report that you must fill out, while others will accept any type of written notice. Information should be provided to supervisor, manager and/or HR.
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Remember, your employer must be notified within 30 days of the injury. Keep a copy of the report and request a receipt for your message.
It is very important to seek medical attention for your injuries as soon as possible. This will provide you with proof of your injury, the treatment you need and the cost of the treatment. Your employer may provide the care you need.
If they don’t, they must provide you with the names of at least 6 doctors or health care providers who are certified to provide treatment.
Workers’ comp insurance will pay for medical expenses that are part of your claim only if you see one of the authorized doctors or health care providers.
How Will My Employer’s Insurance Company Try To Discredit My Workers’ Compensation Claim?
If your employer or their insurance provider does not accept your claim, you must complete Form WC-14 and submit it to the Georgia Workers’ Compensation Board. Your employer can give you this form, or you can get one from the Workers’ Compensation Board. The insurance provider will either approve or deny your claim.
You have one year from the date of your last treatment by an authorized physician or health care provider (or within 2 years of receiving your last weekly benefit payment) to begin the workers’ compensation claim process with the Kennesaw State Board. Workers compensation.
Your employer or their insurance provider will notify you that your claim has been denied and the reason for the denial. You then have the right to request a hearing from the State Employees’ Compensation Board. This application must be filed within 1 year from the date of injury.
The board then decides whether or not to grant you an opportunity to be heard and whether or not to order the insurance provider or employer to pay your claim.
How Can I Get Legal Funds For My Workers’ Compensation Claim?
You should hire an attorney to represent you in this process. It’s not unusual for employers to suddenly become negative because you’ve filed a workers’ comp claim because you’re considering a workers’ comp rate increase.
Insurance providers will do their best to deny or reduce your claim as much as possible. An attorney will ensure that neither your employer nor their insurance providers take advantage of you or violate your rights.
Contact the attorneys at the Atlanta Coalition of Workers’ Compensation Lawyers today to begin the Kennesaw workers’ compensation claims process for a no-obligation consultation, and we’ll help you get the compensation you deserve from your employer and/or their insurance. Workers’ compensation insurance typically covers workplace accidents. The purpose of workers’ compensation is to provide medical care to injured employees. It also provides wage replacement benefits if a person is unable to work due to an injury.
Workers’ compensation does not pay for your suffering or other non-economic losses. If you fully recover from your injuries and return to work, the only benefits you will receive are temporary disability benefits (wage replacement) and paid medical expenses. You can’t settle when you’ve fully recovered from your work-related injuries.
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However, if you have permanent impairment, you may be eligible for workers’ compensation. The cost of your workers’ compensation benefits depends on the severity of your impairment and the type of injury you sustained.
You must reach your maximum medical improvement, or MMI, before you can file a workers’ compensation claim. The Florida Workers’ Compensation Code defines the maximum medical improvement date.
MMI is the date when recovery or permanent improvement is not expected after an injury or illness. Evaluation is based on medical evidence.
In other words, MMI occurs when your doctors tell you that further treatment will not improve your condition. In many cases, workers have fully recovered from their occupational injuries by the time they reach MMI. They do not have permanent impairments due to trauma.
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However, other workers may have permanent disabilities or impairments when they reach MMI. In the most severe cases, a person becomes completely and permanently disabled. In other cases, a person may be partially disabled or disabled.
The laws define permanent disability as the inability to engage in at least sedentary work within a 50-mile radius of the employee’s residence.
Certain circumstances automatically result in the employee being considered permanent and disabled. As a result, unless the employer or insurance carrier can prove that the employee can perform at least sedentary work within a 50-mile radius of the employee’s residence, the employee receives total disability benefits.
Weekly benefits are based on 75% of your average weekly earnings before the accident. Permanent disability benefits end when the employee turns 75, unless the employee is eligible for Social Security benefits.
Can I File A Workers Compensation Claim If The Injury Was My Fault?
In most cases, a worker is partially disabled as a result of an accident at work. Instead of full disability, they receive a permanent impairment rating. Depending on the degree of impairment, your doctor will assign you a permanent impairment rating.
The rating is a percentage. This percentage is used to determine the number of weeks of disability benefits you should receive as compensation for permanent impairment.
The amount you receive is based on the number of benefit weeks at 75% of your average weekly wage. Until 2021, benefits are $1,011 per week.
Many workers’ compensation insurance providers offer to settle permanent disability claims with a lump sum payment. However, they are not required to meet the requirements by law. Some of the factors an insurance company may consider when negotiating a workers’ compensation settlement include, but are not limited to:
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If you do not settle your claim, you will continue to receive your weekly benefits. You will also receive medical care for work-related injuries and occupational benefits. If you choose to settle, your workers’ compensation claim will be settled and you will not receive any other benefits.
Because accepting a settlement ends your workers’ compensation claim, you should consult with a workers’ compensation attorney before settling your claim. As with all other personal injury claims, the insurance company will try to pay the minimum amount to settle your claim. Having legal counsel can help you get a fair workers’ compensation claim.
Additionally, some workers may have a third-party claim related to a workplace accident. If so, it might be you
