There are few injuries more stressful than injuries that keep you from
making a living. Thankfully, the workers’ comp program exists to
help injured workers continue providing for their families while they
recover. Whether you were injured on the job because of an accident or
inhaled toxic fumes, workers’ compensation usually covers all on-the-job
injuries. This usually includes medical bills associated with the workplace
injury and compensation for missed days due to the accident.
So what injuries disqualify you from receiving workers’ compensation benefits?
Why Does the Insurer Say I’m Ineligible for Workers’ Compensation?
Although employers are required by law to offer workers’ compensation
for all work injuries, there are specific cases that can be denied. The
Georgia State Board of Workers’ Compensation lists employee responsibilities
that must be abided or there is a possibility that your claim may be denied.
If your insurance states that the accident was your fault, check below
to see if you have breached some of the requirements listed in the Georgia
State Board of Workers’ Compensation form:
- You should follow written rules of safety and other reasonable policies
and procedures from your employer
- No compensation shall be allowed for an injury or death due to the employee’s
- If an employee unjustifiably refuses to submit to a drug test following
an on-the-job injury, there shall be a presumption that the accident and
injury were caused by alcohol or drugs. If the presumption is not overcome
by other evidence, any claim for workers’ compensation benefits
would be denied.
- If you believe you are due benefits and your insurance carrier/employer
denies these benefits, you must file a claim within one year after the
date of last authorized medical treatment or within two years of your
last payment of weekly benefits or you will lose your right to these benefits
Unfortunately, if you have breached the employee responsibilities listed
above, it is unlikely that your insurance or employer will compensate
you for your injury. It is vital to follow these rules to ensure your
safety at all times and that you receive workers’ compensation if
you did experience an injury on the job.
If you didn’t breach your responsibilities as an employee but were
denied anyway, contact our workers’ compensation attorneys. We will
be there to answer all your questions and help you determine your options.