Following a workplace injury or related illness, employees have the right to pursue benefits from their employers. A successful claim could help you cover the medical care needed to make an optimal recovery. It might also be your only opportunity to continue bringing in an income if a medical condition prevents you from working.
While a successful claim could help you to get back on your feet, this process may be lengthy and complex, especially without the guidance of an attorney. One of the most frequently asked questions among injured or ill employees is about the length of a Gainesville workers’ compensation claim.
Unfortunately, placing an exact time frame on a workers’ compensation claim can be difficult. However, we can say that a comprehensive claim that successfully connects a medical diagnosis to performing one’s job will usually be shorter than one that goes through an appeal. A skilled attorney at our firm could guide you through this process and help place an estimate on the length of a Gainesville workers’ compensation claim. Reach out to Smith Hulsey today to get started.
The goal of any workers’ compensation claim is to convince an insurance company of their need to pay out benefits after an initial application. Employees must understand their obligation to quickly inform their employer of their injury or illness when working towards this goal. This will then spur the employer into action and force them to report the incident to their workers’ compensation insurance provider.
Reporting an event as soon as possible allows a claimant to receive the benefit of immediate medical treatment. This helps to stabilize a condition and serves as evidence of the severity of an injury. It also helps connect a diagnosis to a person’s work activities.
Another goal of workers’ compensation claims is to receive benefits in the form of wage reimbursement. According to the Official Code of Georgia Annotated § 34-9-221, an insurance company that approves a claim has a limited length of time in which they must pay out cash benefits for a Gainesville worker’s compensation claim. This timeframe is typically 21 days after receiving a notice of injury or illness. As a result, a successful claim could resolve in about two weeks.
Unfortunately for employees, not every claim seeking workers’ compensation benefits will result in an approval. An insurance provider may deny a claim for many reasons, including:
Regardless of the reason for a denial, all employees have the right to appeal these decisions. A worker who reported the incident to their employer within the 30-day time window can expect a hearing with the Board to take place soon after the receipt of a request for an appeal. However, this Board hearing may not be the end of a case as both parties have an additional right to further appeal. This means that the length of a Gainesville workers’ compensation claim may span several years.
Because of this, it is best to file an appeal as soon as possible after a denial. It is always difficult to place an exact time on how long these appeals will last, and significant delays at the State Board of Workers’ Compensation are always a threat. Speaking with an attorney now lets them provide immediate help and gets a case moving in the right direction.
Knowing how long a workers’ compensation claim in Gainesville might last is challenging. If a claim brings a full approval from the outset, state law says that payment of cash benefits must begin within 21 days of the date of application. In addition, you can receive immediate medical care.
When the case must go through the appeals process, it is more difficult to estimate the length of the claim. All injured employees have the right to appeal an unfavorable decision and may exercise this right immediately after a denial. Consulting with an attorney at our firm could help you better understand the possible length of a Gainesville workers’ compensation claim. If you have further questions, Smith Hulsey is the place to call.
Smith Hulsey Law