When you get injured at work, you should expect your employer to take care of you. When you find out that they’ve denied your workers’ compensation claim, it can be devastating. Whether you’ve worked for your employer for months or years, they have a duty to protect you. If your claim is denied for any reason, it’s in your best interest to contact a seasoned Macon workers’ compensation lawyer.
When you come into the office for your free, initial consultation, you should bring any paperwork you have received regarding your workers’ compensation claim. We will do our best to find out why your claim was denied. We will also help you file an appeal so you can get the benefits you deserve.
You May Not Be Eligible for Workers’ Compensation Benefits
Sometimes, when an employee’s workers’ compensation claim is disallowed, it has nothing to do with their workplace accident. They meet all the criteria for collecting workers’ compensation benefits. However, if you work in an industry that isn’t covered by worker’s compensation, it won’t help to file an appeal. Instead, your workers’ comp attorney in Macon may have to file a lawsuit against your employer directly.
This is because there are certain categories of workers who are prohibited from collecting workers comp benefits. These include the following:
- Domestic servants
- Railroad workers
- Federal employees
- Casual and temporary employees
- Independent contractors
- Seasonal workers
People who work in these industries or positions are not able to file for workers comp. This means they have no other choice but to file a personal injury lawsuit against their employer. The good news is that our workers’ comp attorneys in Macon can do this for you.
The Insurance Company May Think Your Injuries Happened Outside of Work
One reason your claim may be denied is that your employer’s insurance company doesn’t believe you were hurt at work. They may think you were hurt on personal time and are trying to blame your employer. For all you know, they may have seen something you posted on social media which leads them to think this is the case. Or they may have talked to a friend or coworker who implied that your injuries were not work-related.
If this is the case, your Macon workers’ compensation lawyer will need to prove that they are wrong. They will look for evidence that demonstrates the fact that your injuries were sustained on the job. For example, there may be security cameras at your company. These cameras may have caught you falling or getting injured by a piece of equipment.
There may also be evidence that shows you came into work on that fateful day and were perfectly fine. Your Macon workers’ compensation lawyer will have to find enough evidence that it exceeds the insurance company’s argument. They need to show that your injuries were sustained while you were acting within the scope of your employment.
There is Little Your Macon Workers’ Compensation Lawyer Can Do if You Were Under the Influence of Drugs or Alcohol
If your workers’ comp claim was denied because you were under the influence of drugs or alcohol, there isn’t much your attorney can do. The law in Georgia is very clear when it comes to qualifying for workers’ compensation benefits. Nobody can collect workers’ comp benefits if they were under the influence at the time of their workplace accident.
It’s important to remember that this can apply to anyone who uses prescription drugs as well. Not only will your Macon workers’ compensation lawyer have to prove that the drugs were legally prescribed to you. They will also have to prove that you took the drugs as instructed.
Your Workers’ Comp Doctor in Macon May Claim That You Were Not Injured
There are some cases our workers’ comp attorneys in Macon have handled where the insurance adjuster claimed our client wasn’t hurt at all. If this is their basis for denying your claim, it shouldn’t be difficult to disprove. All you have to do is submit a copy of your medical records showing that you were, in fact, hurt. The only question then is how you sustained those injuries.
Your Macon Workers’ Compensation Lawyer Can Appeal the Decision
Regardless of the reason why your workers’ compensation claim was denied, we can help. Your Macon workers’ compensation lawyer will file an appeal on your behalf. They will also reach out to the insurance company and try to negotiate a settlement.
If the claim is large, the insurance company may want to take their chances in court. However, if it makes more sense to approve your claim than fight it, the insurance adjuster may agree to settle.
It’s in Your Best Interest to Hire a Macon Workers’ Compensation Lawyer Right Away
We always advise our clients that the longer they wait to talk to a workers comp attorney in Macon, the harder it may be to prove their case. As more time goes by, your employer and their insurance company will have a head start on investigating your claim.
Depending on the size of your claim, they may hire a private investigator to follow you. They will also look for evidence that you falsified your claim or exaggerated your injuries. You must remember – your employer is the one communicating with the State Board of Workers Compensation.
The Board will not get to hear your side of the story until your workers’ comp attorney in Macon files your appeal. The last thing you want to do is give your employer a chance to paint a negative picture of you.
Our firm does offer new clients a free, initial consultation. This gives you a chance to meet with a skilled Macon workers’ compensation lawyer. If they feel your claim has merit, they will get your appeal filed immediately. This will give you the best chance of having your claim approved on appeal. Since you pay nothing unless we help you get compensation, you have nothing to lose.
