What Should I Do If My Workers' Compensation Claim Is Denied?

If the insurance carrier denies your worker’s compensation claim, you may have options to appeal the decision.

You Have Options After Your Employer Denies Your Workers’ Compensation Claim

You might be surprised at the reasons some employers give for denying legitimate workers’ compensation claims. Among other things, the insurance company might claim that your injury did not happen on the job or that you were impaired.

Talk to a lawyer about your workers’ compensation denial. You may still have a valid claim and deserve benefits even if the insurance company denied your claim.

Workers’ Compensation Claim Denied Because of a Positive Drug Test

If your employer made you take a drug test after the injury and it came back positive, the insurance company might try to scare you into dropping the workers’ compensation claim. Or you might be afraid of criminal charges and not pursue a workers’ compensation claim at all.

Do not be bullied.

If the drugs did not contribute to the accident or injury, they may not be relevant to the workers’ compensation claim. A lawyer at S. Burke Law can help. Call us at 404-842-7838.

Evidence That Can Prove Your Workers’ Compensation Claim

Every case is different, so you might not need some of these items, and you might need other things as well. Here are some of the typical kinds of evidence we use to establish your right to workers’ compensation benefits:

  • The accident report filed with your employer. This document should contain many details of the incident.
  • Photographs of the scene where you got hurt. Employers may make changes to the workplace after an accident, so it is important to get photos as soon as possible.
  • Photographs of your injuries. Photos can provide compelling proof of the injuries you suffered.
  • Medical records of the treatment you received. If the insurance carrier tries to minimize the severity of your injuries, the medical records can help prove your case.
  • Eyewitnesses to the accident. Coworkers or other eyewitnesses to the accident can describe how the accident occurred and that it occurred within the scope of your employment.

Appealing the Denial of Your Claim

You should talk to a workers’ compensation attorney right away if the insurance company denied your claim for benefits.

There is a time limit to file an appeal, and if you miss the deadline, you can lose your right to benefits, so do not delay. The main steps of the appeals process include:

  • Getting a copy of the written decision to deny your benefits, which should state the reason for the denial.
  • Investigating your accident to establish it occurred within the scope of your employment.
  • Gathering the evidence to prove your entitlement to benefits for your injury. See above for a list of some types of evidence that may be helpful.
  • Drafting and filing an appeal of the insurance company’s decision to deny workers’ compensation benefits.

Getting Legal Help After Denial of Your Workers’ Compensation Claim

Call S. Burke Law to get the power of a worker’s compensation lawyer behind you. We can take your case through all the stages of appeal, and we will be there with you every step of the way. You do not have to face this situation alone.

Rather than trying to learn Georgia workers’ compensation law, prepare an appeal of the denial, and gather evidence to prove your entitlement to benefits, let us handle your case. You can focus on getting well while we handle the appeals process.

Call S. Burke Law today at 404-842-7838 for a free consultation.