My Workers’ Compensation Claim Was Denied. What Now?

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Workers’ compensation claims are denied by insurance companies for various reasons. If your claim is denied, it can be confusing trying to figure out what your next steps should be. The following article will provide information regarding some of the most common reasons why workers’ compensation claims are denied by insurance companies, as well as some steps you could take if your claim is denied.

What are Some Reasons Why Workers’ Compensation Claims are Denied?

Workers compensation claims can be denied for any number of reasons, some of which include:

  • You failed to meet an applicable deadline. If you do not file your claim within the appropriate timeframe or fail to properly notify your employer of your accident, your claim may be denied.
  • Your accident report and medical records are inconsistent. If the accident report that you provided to your employer does not match the information that is on file in your medical records, your claim will likely be denied.
  • Your injury was not work related. In order for your injury to be compensable, it must have occurred within the course and scope of your employment.
  • You failed to seek medical care for your injuries. If you failed to seek appropriate medical care for your injuries in a timely manner after you were injured, an insurance company may deny your claim, under the assumption that your injuries must not be significant.  
  • You were injured while under the influence of drugs or alcohol. If the injury you sustained at work was the result of being under the influence of drugs or alcohol, that injury will not be covered under workers compensation.  

What Should I Do if My Claim is Denied?

If your workers’ compensation claim is denied, you should consider taking some of the following steps:

  • Review the denial letter. After receiving a denial letter, you should closely review the letter to ensure that you comprehend the reason(s) why your claim was denied. This is especially important because it might turn out that either you or the insurance company made a simple error that could be rectified by a simple phone call or email. If you happen to notice any errors on the denial letter, contact the insurance company right away in order to determine whether the error can be fixed.
  • Contact an attorney. If there was some substantive basis for the denial of your claim, you may want to consider contacting a workers’ compensation attorney to help you determine what steps you should take. This attorney will let you know whether you should file an appeal and will ensure that you meet any applicable deadlines. Alternatively, if you decide to opt out of the workers’ compensation process altogether and file a personal injury lawsuit against your employer instead, an attorney can provide assistance throughout that process as well.
  • Consider filing an appeal. If you receive a denial letter, the letter should contain relevant information regarding how to file an appeal, including any applicable deadlines you must adhere to in order to file a timely appeal. The appeals process will typically involve an administrative hearing where you will be required to present additional evidence to support your claim.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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