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When you are injured at work, you expect your employer and its workers’ compensation insurance company to help you receive the medical treatment and benefits you need. Unfortunately, that does not always happen.
An employer or insurance company may dispute whether your injury is work-related, question the severity of your condition, refuse to provide certain benefits, or deny your workers’ compensation claim altogether.
If your employer disputes your claim, you do not have to handle the process alone.
At The Van Dora Law Firm, we help injured workers understand their rights, gather the evidence needed to support their claims, and pursue the workers’ compensation benefits they may be entitled to under Georgia law.
Why Would an Employer Dispute a Workers’ Compensation Claim?
There are several reasons an employer or workers’ compensation insurance carrier may dispute a claim.
For example, they may argue that:
● Your injury did not happen at work.
● Your injury was caused by something outside of your employment.
● You did not report your injury quickly enough.
● Your medical condition is not as serious as you claim.
● You are able to return to work.
● Your medical treatment is not related to your workplace injury.
● You are not entitled to certain income or disability benefits.
A disputed claim can become complicated quickly, particularly when you are already dealing with an injury, medical appointments, lost wages, and uncertainty about your ability to return to work.
What Does a Workers’ Compensation Lawyer Do?
When you hire a workers’ compensation lawyer, one of the first things your attorney can do is review the circumstances surrounding your injury and determine what issues are preventing your claim from moving forward.
At The Van Dora Law Firm, we investigate the facts of your case and work to understand why your claim is being disputed.
This may include reviewing:
● Medical records and treatment history
● Accident reports
● Statements from witnesses and coworkers
● Employment records
● Wage information
● Communications with your employer or insurance company
● Information regarding your work restrictions
● The circumstances surrounding the accident or development of your injury
Building a strong case requires more than simply telling your side of the story. Medical evidence, employment records, and other documentation may be important in establishing your right to benefits.
Your Lawyer Can Communicate With the Insurance Company
After a workplace injury, you may receive calls or requests for information from an insurance adjuster.
You may not know what information is important, what questions you should answer, or how a statement you make could affect your claim.
Having an attorney involved allows your lawyer to communicate with the employer and insurance carrier on your behalf and address disputes as they arise.
Our goal is to protect your interests while working to move your claim forward.
Your Lawyer Can Help Pursue Medical and Income Benefits
Georgia workers’ compensation may provide benefits for medical treatment and, when an injured worker is unable to work or experiences a loss of earning capacity, certain income benefits. The specific benefits available depend on the circumstances of the injury and the worker’s medical and employment situation.
If your employer or its insurer disputes your entitlement to benefits, an attorney can evaluate the reason for the dispute and determine what steps may be necessary to challenge it.
For example, if you are unable to work because of your injury, the dispute may involve whether you should receive temporary total disability benefits. If you return to work but earn less because of your injury or restrictions, temporary partial disability benefits may become an issue.
Understanding which benefits may apply to your situation is an important part of protecting your claim.
What Happens If Your Claim Is Denied?
A denied workers’ compensation claim does not necessarily mean the matter is over.
Georgia workers’ compensation law provides a process for disputing claims and requesting a hearing before the Georgia State Board of Workers’ Compensation. A Form WC-14 can be used to file a claim and, when appropriate, request a hearing or mediation.
If a hearing is requested, an Administrative Law Judge reviews the facts and legal issues involved in the dispute. The Georgia State Board of Workers’ Compensation explains that a hearing functions similarly to a trial, with both sides presenting their positions and evidence.
This is one reason it can be helpful to speak with an experienced workers’ compensation attorney as soon as you learn that your claim is being disputed.
Deadlines Can Matter
Workers’ compensation claims involve important deadlines.
In Georgia, an employee generally must report a workplace injury to the employer within 30 days. A claim also generally must be filed with the State Board of Workers’ Compensation within one year of the accident.
Waiting too long to address a disputed claim can create additional complications.
If your employer or insurance company is questioning your claim, it is important to understand your rights and the deadlines that may apply to your particular situation.
You Do Not Have to Fight a Disputed Claim Alone
A workplace injury can affect every part of your life. You may be worried about your health, your ability to work, and how you will pay your bills while you recover.
When your employer or its insurance company disputes your claim, those concerns can become even more stressful.
At The Van Dora Law Firm, LLC, we represent injured workers throughout Georgia in workers’ compensation matters. We investigate disputed claims, communicate with employers and insurance companies, and pursue the benefits our clients may be entitled to receive.
If your workers’ compensation claim has been denied or your employer is disputing your injury or benefits, contact The Van Dora Law Firm for a free consultation. Our attorneys serve injured workers in Athens, Hartwell, Northeast Georgia, and throughout the state.
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