Employees who suffer a work-related injury may be entitled to workers’ compensation benefits through their employer’s insurance. However, companies might improperly deny valid claims, leaving injured workers without the financial coverage they need to cover medical bills and supplement their income.
Fortunately, even if your workers’ comp claim is denied, you still have options to get the benefits you deserve. A dedicated attorney could help you review your case and file an appeal. The support of a Clarkesville workers’ compensation appeals lawyer could improve the outcome of your case to help you collect what you are owed.
Workers’ compensation benefits are payments provided to employees who have been injured in an on-the-job accident. These benefits can cover medical expenses stemming from the injury, rehabilitation services, and supplement income while the employee is unable to return to work.
Most employers in the state of Georgia are required to have workers’ compensation insurance, provided that they have at least three employees. The Georgia State Board of Workers’ Compensation (SBWC) has an online workers’ compensation coverage verification system that employees can use to confirm their employer’s compliance.
To qualify as a “workplace injury,” the Occupational Safety and Health Administration states that the injury must occur in the workplace or a workplace environment. Injured employees must report the injury to their employer within 30 days. If the employee exceeds 30 days, they must submit their report in writing, per O.C.G.A. 34 § 9-80. This notice may not be valid, however, unless there is a reasonable excuse for the delay and the delay does not prejudice the employer.
If a workers’ compensation claim is denied for not meeting a necessary qualification, the Clarkesville lawyers at Smith Hulsey Law could determine whether there is room to file an appeal.
When an employer’s insurance company denies a workers’ compensation claim, the injured employee can request an appeals hearing from the SBWC under O.C.G.A. 34 § 9-102. At this hearing, an administrative judge will be assigned to the case to determine the merits of the claim and the amount of benefits that should be awarded.
There is a five-year time limit to file an appeal. However, an injured employee should look to file as soon as they are able to begin collecting their benefits.
Because an appeal takes place in the court, strict legal procedures such as discovery and admissibility of evidence will apply. A workers’ compensation appeals attorney could play an important role in helping an injured employee in Clarkesville present the strongest possible case.
Your life should not be derailed because a workplace accident prevents you from returning to the job. If an insurance company is trying to deny your right to workers’ compensation or cover less than they owe, Smith Hulsey Law is here to help. A Clarkesville workers’ compensation appeals lawyer could fight for you to get the money you deserve. Call now to schedule your consultation.
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