Reasons Why Your Claim May Get Denied
By Darwin F. Johnson on December 13th, 2016 in Atlanta Workers Comp, Macon Workers Comp, Savannah Worker's Comp, Workers Compensation
If you file a workers’ compensation claim for a legitimate reason and you can reasonably prove your case, you’ll likely have no problem obtaining a win. But not all workers’ compensation claims are honored, and more often than not, it’s because they’re not the most legitimate of cases.
Any worker’s compensation lawyer in Atlanta or afar will tell you that these are the most common reasons why your claim was likely denied:
Taking Too Long to File: After you have an accident, the statute of limitations for filing a claim to receive workers’ compensation benefits in Georgia is one year. If you wait longer than that, you won’t be able to get any benefits pertinent to that injury. The Georgia Workers’ Compensation Board legally cannot take action if you fail to file within the statute of limitations. But, the good news is, one year is a relatively long amount of time. Don’t waste any filing, though.
Self-Inflicted Injury: If you harm yourself intentionally while at work, you will not qualify to receive workers’ compensation benefits.
Fighting: This one may sound obvious, but if you initiate a fight with another person while at work, you cannot get workers’ comp benefits for your subsequent injuries.
Breaking Laws/Company policies: If you incur an injury while you’re breaking the law and/or violating a company policy, you will be ineligible to receive benefits. Many company policies are set in place to prevent you from becoming injured. Workers’ compensation benefits exist for people whose employers are negligent or reckless, not people who ignore policies that help keep them safe.
Under the Influence: If it is concluded that you were under the influence of alcohol or another controlled substance when your accident happened, you will be denied benefits.
Employer Dispute: Oftentimes, employers will dispute a claim. If it is concluded by the Georgia Workers’ Compensation Board that the employer is truthful, you will be denied those benefits. However, it’s not implausible that your employer is lying in an attempt to get out of responsibility. If such is the case and you live in Georgia, you’ll want to hire a quality workers’ comp lawyer who serves Atlanta, and nearby areas, to help you proceed with a lawsuit.
As long as you do your job the way you’re supposed to, and don’t violate any laws or policies, workers’ comp payments are there to help in case of an accident. I hope you stay safe to begin with, but in the unfortunate event that you need to take legal action against an employer, don’t hesitate to call me. Stay safe out there, workers of Georgia!