What to Do in the Event Your Georgia Workers’ Compensation Claim Has Been Denied


August 04, 2015

If you have been injured while on the job, whether due to a workplace accident or cumulative stress injury, you may have the right to workers' compensation benefits which could cover your medical expenses and partially cover your time off work. Employees across a wide range of industries will be eligible for workers' compensation coverage, which is mandated by various state and federal laws.

Despite the broad coverage offered through workers' compensation, many workers' compensation claims are denied or minimized. Finding out that your claim has been denied can be stressful, as you are likely counting on those benefits to assist you in your time of need. It is important that all injured workers who have been denied workers' compensation coverage understand that they have certain rights following their denial and it is still possible to obtain benefits after an initial denial of their claim.  Furthermore, it is of the utmost importance to contact a knowledgeable workers' compensation attorney who can advise you of your rights as well as take the necessary steps to protect those rights.

Reasons for the Denial of Your Claim

One of the first steps to fighting your workers' compensation denial will be assessing why your claim was denied in the first place. It is not uncommon for workers' compensation claims to be denied initially. The insurance company has an interest in denying claims and filing for workers' compensation can prove complex. Some of the most common reasons for the denial of your claim include, but are not limited to:

  • Your injury was in fact a preexisting condition;
  • Your injury was not work related;
  • The injury was not as severe as claimed to be;
  • Your injury does not prevent you from performing work duties;
  • Your injuries are the result of an illness not recognized by Georgia state laws;
  • Your injuries are precluded from coverage under Georgia or federal law.

Workers' compensation claims can additionally be denied due to administrative failings, such as mistakes made in paperwork or for not visiting an approved physician. One common reason for denial is that the injured employee did not timely report the injury to the appropriate party. Thus, injured employees must abide by strict timelines for reporting injuries or risk denial of their claim.

Appealing Your Denial

If you have been denied workers' compensation benefits or if your claim was only accepted for partial coverage, you will generally have the right to appeal this decision. You should consult with a workers' compensation attorney as soon as possible to assess your rights and likelihood of success on appeal.

Dedicated Atlanta Worker's Compensation Lawyers Representing Injured Workers For Over 30 Years!

Our Atlanta Worker's Compensation Lawyers provide aggressive representation, including workers' compensation claims, personal injury claims, and those who have developed asbestos-related diseases. Due to the fact that our firm has successfully represented thousands of injured people in personal injury cases and workers' compensation claims as well as families in wrongful death claims, we understand the physical, emotional and financial hardships faced by victims. We also understand what actions need to be taken in order to obtain compensation for our clients.

Montlick and Associates has been representing injured workers for over thirty years throughout all of Georgia and in the Southeast, including but not limited to all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you.

Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.


Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.