Imbriale Injury Law are Marietta and Canton, Georgia worker’s compensation attorneys who fight for the rights of injured workers. If your worker’s compensation claim has been denied, you may have the right to appeal a denied claim. But why are worker’s compensation claims denied? And what are your rights if your claim has been denied? Here are some situations where issues can arise with your worker’s compensation claim:
- Injury or Illness Wasn’t Reported or Witnessed. Workers must report their claim to their employers as soon as the injury takes place. If you wait, the time period that you and your employer have to make a claim can pass, and you can lose access to your worker’s compensation benefits. Furthermore, if no one witnessed your injury, proving that the injury took place on the job can also be a challenge. This is where having a worker’s compensation attorney might be helpful.
- There’s a Dispute About Your Employment Status. While most workers in Georgia are required to be covered under worker’s compensation insurance, if your employer classifies you as an independent contractor or if your employer is exempt from worker’s compensation, you may not always be covered. However, sometimes employers claim that they are exempt from providing their workers with coverage when these employers are legally required to do so. Many cases involve gray areas of the law. If your employer is claiming that you are not covered under worker’s compensation, you may want to speak to Imbriale Injury Law, a Marietta and Canton, Georgia worker’s compensation law firm today. Our lawyers can review your situation and determine whether you are covered under worker’s compensation. If you are not legally entitled to coverage under worker’s comp, you might be entitled to make a personal injury claim against the work site or contractor.
- Injury Wasn’t Caused by Work. Some injuries occur because of the negligence of workers on the job. For example, if you were intoxicated while operating heavy machinery at work, your employer’s worker’s compensation insurance may not cover your injuries. Or, if you are diagnosed with an occupational illness, and your employer or worker’s compensation disputes this was caused by work, you could face a challenge when seeking a settlement through worker’s compensation. For example, some kinds of back pain might be caused by work, but sometimes back pain can be caused due to other lifestyle factors. Distinguishing between workplace injuries and injuries that occur elsewhere can sometimes be one of the challenges workers face when making a worker’s compensation claim. If your claim is being denied because your employer claims that the injury or illness doesn’t stem from your job, you may have the right to make a worker’s compensation claim under the law. Contact Imbriale Injury Law, a Marietta and Canton, Georgia worker’s compensation lawyer today to learn more.
- Failure to Seek Medical Care. It is important that you seek medical treatment as soon as you have been hurt on the job. Failing to seek proper medical care can result in a denied claim. Furthermore, it is important that you follow doctor’s orders after an accident has taken place. Failure to do so can result in a denied claim, because you might be to blame if your condition worsens.
- Claim was Filed After You Were Fired. If you file a claim after you were fired or laid off, you may need to provide additional documentation explaining why you waited to file the claim. This is why it is important to make sure claims are filed right away. If you believe you were fired or laid off because you were about to make a worker’s compensation claim, this can also complicate your claim and situation.
- Medical Records Don’t Match Accident Report. If medical records don’t match the accident report, you may need to submit additional medical information, submit to an additional medical screening, or explain why there is a discrepancy.
These are just some of the situations where a worker’s compensation claim could be denied. If you are facing a denied claim, you may have the right to appeal the denial. However, you may only have a limited amount of time to do so. Imbriale Injury Law are worker’s compensation attorneys in Canton and Marietta, Georgia who may be able to assist you with appealing a denied claim. Contact us today to learn more.
Help With Worker’s Compensation Claims
Most worker’s compensation claims can be settled without the assistance of a lawyer. Workers who are injured on the job are generally entitled to receive compensation for their medical expenses, lost wages, and vocational rehabilitation. However, sometimes claims might be denied for a number of reasons. If your worker’s compensation claim has been denied or delayed, you may be entitled to appeal the denial. Contact Imbriale Injury Law, a worker’s compensation attorney in Canton and Marietta, Georgia today to learn more.
Note: All cases involving work injuries, worker’s comp, construction injuries, or medical malpractice will be referred to outside attorneys who focus in these areas.