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Denied Workers Compensation in Georgia Attorney

Has your Georgia workers compensation claim been denied? Call Spillers Law Firm today.

Georgia Workers’ Compensation Lawyer Serving Clients Who Have Been Denied Benefits

Getting hurt at work can be devastating. According to the U.S. Bureau of Labor Statistics (BLS), there were nearly 893,000 workplace injuries in 2016 that resulted in employees needing to take time away from work due to the severity of the illness or injury. That figure has held relatively steady over the last few years, and the BLS does not expect the number to change radically within the next year or two. As such, that means almost 893,000 workers may be entitled to workers’ compensation benefits. Yet thousands of workers have their claims denied for a wide variety of reasons, and some of those workers do not understand their rights when it comes to appealing the denial.

At Spillers Law Firm, we are committed to helping injured workers in Georgia who have been denied workers’ compensation benefits. We emphasize to our clients that there are many different reasons a claim can be denied upon an initial claim but approved through the appeals process. We will discuss some of the common reasons that claims get denied, and then we will tell you more about the appeals process. If you have questions, a Georgia workers’ compensation attorney can discuss your case and your options with you today.

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Common Reasons for Denied Workers’ Compensation Benefits in Georgia

There are many different reasons that an injured worker can be denied workers’ compensation benefits. In some cases, the worker actually may not be eligible to receive workers’ comp benefits in Georgia, but in other situations, going through the appeals process with the help of an experienced Georgia workers’ comp lawyer can help you to obtain the benefits you deserve. Workers’ compensation claims in Georgia begin at the Georgia State Board of Workers’ Compensation (SBWC). Some of the following are common reasons that the SBWC will deny a workers’ compensation claim after receiving a Form WC-14 from an injured worker:

  • Accident or injury did not arise out of the course of employment: Under Georgia law, in order for an injury to be compensable, the injury must arise out of the course of employment. In other words, if an employee is driving to or from work, or is on a lunch break off the job site when the accident happens, the employee may not be eligible to receive benefits.
  • Employer does not have coverage: Georgia law requires businesses that have three or more workers—even if those are part-time workers—to have workers’ compensation insurance to cover employees in the event of an accident or illness related to the job. If you have been denied workers’ compensation benefits because the SBWC says your employer does not have coverage, you can visit the SBWC website to verify your employer’s workers’ compensation coverage. If your employer does not have coverage but you believe it is required to under the law, a Georgia workers’ comp attorney can help.
  • Worker failed to report the accident within 30 days: Under current Georgia law, workers who sustain injuries or illnesses on the job are required to report those injuries or illnesses to their bosses or supervisors as soon as possible, but no later than 30 days from the date of the accident. If an employee fails to report his or her illness or injury within 30 days, she can become ineligible to receive workers’ compensation benefits.
  • Worker failed to file a claim within one year from the date of the accident: Injured workers in Georgia need to be aware of the statute of limitations for filing a claim, as well as for claims related to a change of condition or claims for permanent partial disability (PPD) benefits. The statute of limitations for filing an initial claim is one year. This means that the injured worker typically has one year from the date of the injury to file a claim. If the injured worker is seeking a change of condition for purposes of workers’ compensation benefits, the statute of limitations is two years from the date of the last payment received for total or partial disability benefits. If the injured worker is filing a claim for PPD benefits, then she or he has four years from the date of the last payment of either total temporary disability (TTD) payments or total partial disability (TPD) payments.
  • Disability is not compensable: In some cases an employee will have a disability that is not compensable. It is important to seek medical attention as soon as possible after you suffer an injury on the job, as well as to speak with a workers’ comp lawyer in Georgia about filing your claim to ensure that you remain eligible for compensation.

Process of Appealing When You Have Been Denied Workers’ Comp Benefits in Georgia

If you have been denied benefits, it is important to know that a Georgia workers’ comp attorney can help you to appeal. There are a couple of different levels of the appeals process:

  • Requesting a hearing before the State Board of Workers’ Compensation: The first step in the appeals process is requesting a hearing at the SBWC, which is located in Atlanta. A hearing is similar in form to a trial that would take place in a Georgia court, but it is an administrative process in which your claim ultimately will be decided by an Administrative Law Judge (ALJ). The Administrative Law Judge listens to your case and to the SBWC’s reasons for denying you benefits and reaches a conclusion about your case. The hearing usually will take place within 60 days from the date that the judge receives your Form WC-14, and it will typically be held in (or close to) the county in which your suffered your workplace injury. If you are still denied benefits at the hearing, there is an additional level of appeal.
  • Appellate Division appeal: If you are not satisfied with the ALJ’ final award, you have 20 days to appeal to the Board’s Appellate Division. When you appeal to the Appellate Division, your case will be heard by a Chairperson and two members of the Board. This panel is known as the “Board’s Directors,” and the individuals serve ad administrative law judges at the appellate level.

​For a FREE workers compensation case evaluation in Georgia, contact Charles Spillers now.

Contact a Denied Workers Compensation Attorney in Georgia

Were you denied workers’ compensation benefits? A Georgia workers’ compensation denial attorney can assess your case today and can help you at every stage of the appeals process. Contact Spillers Law Firm to get started on your appeal.

Meet Charles L. Spillers

Georgia Workers Compensation Attorney

At Spillers Law Firm, we never lose sight of our number one goal — to obtain maximum compensation for you. Whether your case requires litigation, negotiation or simply waiting for the best settlement offer, we know how to achieve the best possible results for you and your family.

These settlement amounts are more than just money. They are a means of regaining the peace of mind, safety and security that was taken from you when you were injured.

Our clients often express just how much they truly appreciate the genuine concern and compassion shown by our staff. They also appreciate our attorneys’ willingness to wait for a better settlement or for an opportunity to litigate. This means that he does not settle for the first offer that comes along. The goal is maximum compensation for our clients.

​For a FREE case evaluation from a Georgia workers compensation attorney, contact Charles Spillers today.

Awards & Accolades

"Just wanted to say thank you for all the work you did for me. I would have been lost without your help. I will send all of my friends and relatives to you."

M.S.

"I highly recommend Charles, he represented me for my personal injury claim and got excellent results. The insurer offered only $6000.00, he tried my case and got a jury verdict of $327,000.00."

L.T.

Areas of Practice

Worker’s
Compensation

Slip & Fall
Accidents

Back
Injuries

Repetitive Motion
Injuries

Heart
Attacks

Wrongful
Death

Car
Accidents

Manufacturing
Accidents

Construction
Accidents

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