The best way to determine whether your workers’ compensation claim denial was valid is to speak to an experienced lawyer. There are many reasons claims are denied, and an attorney can help you determine your next steps, whether through an appeal or in civil court.
The first step is to make the claim at work. Insist on getting coverage through your employer’s workers’ compensation insurance.
Workers’ compensation is supposed to be a no-fault program that provides workers payment for two-thirds of their wages in addition to medical expenses while they are unable to work as they recover from on-the job injuries. Workers’ compensation insurance programs protect employees from financial ruin after a workplace injury and employers from lawsuits filed by their workers.
Unfortunately, for some injured workers, these claims can be unfairly denied or even ignored, which leaves employees wondering about the next steps to take to meet the many costs they’re facing.
Why Some Workers’ Compensation Claims Are Denied or Ignored
If your workers’ compensation claim has been denied, you may receive a denial letter, which should state the reason for the denial. In many cases, denial letters state that the worker who applied was denied their benefits because they did not meet eligibility requirements. However, most times the claim is simply ignored.
A claim can be denied if:
- The employee was impaired by drugs or alcohol when the injury happened.
- The claim wasn’t reported in time.
- There was no medical treatment administered for the injury.
- The injury was deemed unrelated to work.
These are just a few examples of why workers’ compensation claims are denied, but it is possible you were given another reason.
If your claim was ignored or denied and you did not receive an explanation, you need to talk to a lawyer because you have potential recourse.
In some cases, a small clerical error at the office or insurance company can even lead to a denial. Some workers’ compensation claims are wrongfully denied or denied based on a false premise. Whatever the reason given to you for the denial, you can discuss your case with a workers’ compensation attorney to determine your next steps. In many cases, an appeal is possible.
WATCH: How Gary Bruce helped Jannie after her workers’ comp claim was denied.
Workers’ Compensation Cases in Georgia
If your workers’ compensation claim has been denied, you have the right to file an action. This is an administrative process and will be decided in front of a judge. If you have received a denial letter or even if you have not but are being denied benefits, the time frame available to appeal the decision is short! Do not wait to call a lawyer because of the statute of limitations may be as short as one year.
Once you are at the stage of filing an action after a workers’ compensation claim denial, it is important to understand why the claim was denied, and what evidence you will need to provide to prove it is valid. This is where an experienced attorney can make the process easier for you, and getting started EARLY is key to pursing evidence.
Appeals Aren’t an Option in Alabama
Unlike many other states, Alabama doesn’t let victims of work injuries file a case in an administrative court. Instead, those workers must file civil lawsuits in a district court.
If you are considering filing a lawsuit in Alabama after being denied workers’ compensation or some aspect of it, consult with an attorney who has handled these types of cases before. Just like with appeals, this process can become complicated if you don’t have direct experience.
Contact the Law Offices of Gary Bruce for Help
The Law Offices of Gary Bruce have years of experience helping injured workers in Georgia and Alabama get the benefits they are entitled to for a workplace injury. If you are considering your legal options after getting injured at work, contact our Alabama and Georgia workers’ compensation injury lawyers for a free consultation.