Georgia residents' workers’ comp claims are denied each and every day.
There are numerous reasons why a workers’ comp claim can been denied, such as:
- The paperwork was filed incorrectly.
- The time period for filing was missed.
- The accident is being disputed.
- The accident is not “work-related.”
However, a denied claim is not the end of the story. In the state of Georgia, residents can take their case to court through a Request for Hearing, known as a WC-14. This form begins the litigation process when it is filed with the Georgia State Board of Workers’ Compensation. A WC-14 must be made within a timeframe, which means that speed is of the essence. The longer it takes to file a claim, the less likely it is that the result of the claim will be in favor of the injured worker. Once a claim is filed, the hearing is generally scheduled within 60 days from the time that the judge receives the WC-14 form.
Determining the Outcome of a Workers' Comp Claim
Once the claim goes to court, the Administrative Law Judge will listen to both sides of the claim and determine what benefits (if any) a person will receive. The judge’s decision will be based on the law and the facts that both parties present. This means that the resident’s ability to prove to the judge that their claim is accurate is an integral part of the final decision made. They must prove to the judge that:
- Their injury was connected to their work;
- Their injury required medical attention and medical fees;
- Their injury resulted in a loss of ability to perform their current job duties; or
- Their injury resulted in a complete loss of ability to perform any job duties.
If you or a loved one are planning on fighting against a claim denial in the state of Georgia, you must be prepared to argue against a company lawyer who will try to dissuade the judge from granting your claim. If you feel that you are not prepared to fight against a lawyer for your claim, or if you feel that you do not currently have the evidence that you need for your claim, it is important that you find Georgia legal counsel immediately. AtKaleita Law Firm, LLC we are proud to help injured workers throughout Atlanta, Sandy Springs, and surrounding areas fight for the compensation that they deserve. Our promise is that our firm will only be paid if you claim is granted. You will never pay us out of your pocket—only out of your winnings. So why wait? Call Kaleita Law Firm, LLC, P.C. now!