The unfortunate reality of pursuing a workers’ compensation claim
is that the employers and their insurance providers will deny even the
most legitimate claim. Although your claim can be denied for a number
of reasons, you can go through an appeals process to ensure that the legitimacy
of your claim is noticed and addressed. In this blog, our
Atlanta workers’ compensation attorneys explain why a claim may be denied and what you can do if your claim has
Reasons for Claim Denial
Perhaps the most common reason behind a claim denial is the time in which
the claim was filed. The law mandates that workers’ compensation
claims are filed immediately, sometimes even within days of when the accident
occurred. A claim can also be denied if your employer argues or disputes
that your accident never happened at work are that your injury is a result
of another incident unrelated to your place of employment. If you find
that your claim is being denied for this reason, it’s imperative
that you begin gathering evidence and witnesses who may have seen the
accident occur and can corroborate your story.
Appealing a Claim’s Denial
Regardless of the reason why your claim was denied, you’ll receive
a letter stating the denial and how you can appeal, should you choose
to do so. It’s absolutely crucial that you take note of any appeal
deadlines and to make sure you are adhering to the guidelines of the appeals
process. The process generally includes hearings in which you’ll
be obligated to bring forth medical and factual evidence to prove the
legitimacy of your claim.
You should not give up your right to workers’ compensation benefits
because of a denied claim. If you attempted to pursue a workers’
compensation claim that ended in a denial, do not give up hope. Our Atlanta
workers’ compensation attorneys can provide you with guidance on
how you should proceed.
Call Cummings & Middlebrooks, LLP at (404) 990-4432 to
schedule a free consultation.