Cordele GA Workers Comp Attorney
Workplace injuries are common in all industries requiring extensive manual labor. They can range from being simple accidents producing typically recoverable injuries to serious injuries that can result in long-term physical problems and worker disability. The workers comp system in Georgia is designed to handle all of the these claims in the same fashion, as workers comp restricts injured workers from suing employers for general damages when the employer is operating within the law in exchange for immediate medical treatment and replaced wages while being unable to work. The system works well when all parties are in agreement that the injury is valid and reported in compliance with the rules and regulations of the program. However, that does not mean that workers compensation insurance providers cannot be difficult when it is time to pay benefits. And, there may be instances when an employer does not carry insurance. These are the types of cases that always require the expertise of an experienced Cordele GA workers comp lawyer who can investigate case particulars and represent the case to the Georgia SBWC.
Denied Workers Comp Claims
A denial for a workers comp claim is not unusual on the first submission. There are a variety of reasons this may happen, including objections from both employers and workers comp insurance providers, but the state board may also decline the application based on specific criteria. Examples of reasons a claim may be denied are:
- Expired Injury Reporting Time
- Expired Claim Filing Period
- Exempt Injury
- No Medical Evidence
- Injury Not Work-Related
These are just a few of the reasons a claim may be denied initially when being submitted without experienced legal counsel. These are also the types of denials that could potentially be instated on appeal after retaining an experienced Cordele GA workers comp lawyer who understands what information can be effective when presenting a claim in the appeals process. Many times denials are made on borderline or technical issues without due consideration of the facts, which are exactly what a comprehensive workers comp attorney will stress.
Stopped Workers Comp Benefits
Some workers comp case problems actually happen after benefits have been extended for a certain period of time just to be suddenly stopped when employers or insurance providers think they have a defense against the claim. This usually occurs when the insurance company or employer assigns someone to monitor the activity of the claimant, which is a standard procedure for many insurance carriers. This activity could result in an additional bad faith claim against the insurance company when an aggressive Cordele GA workers comp lawyer can obtain evidence the surveillance is being performed. Even when employees are injured and drawing benefits they still have a reasonable expectation of privacy through the benefit period, and this could easily be considered stalking as well as monitoring. The most common claim is that the injured worker is not as severe as claimed, but this is actually a tactic designed to get the worker to settle for a lump sum that is less than the maximum value of the injury claim, which also constitutes bad faith.
Complex Workers Comp Cases
Some workers comp cases are complicated liability issues that can stem from unique situations such as repetitive motion disorders and back injuries that develop over a long period of time. The workers comp system is designed to cover immediate injuries that can be reported quickly. Repetitive motion injuries by nature manifest slowly, but the statute of limitations on when an injury can be reported can also begin long after the injured worker left employ based on when the injured party realizing the injury is present and could be work-related. Further complicated cases can include claims against employers who have less than three employees and are exempt from workers comp insurance requirements. Legal action can still be taken against these employers in standard state court, including pursuing general damages for pain-and-suffering resulting from the injury. Employers who have required workers to perform their job duties in non-compliance of safety regulations or using defective work equipment could also be found negligent in additional legal action, even when workers comp protection is provided.
Contact an Experienced Cordele Workers Comp Lawyer
Never accept a denial or a cessation of workers comp benefits in Georgia. Always call the legal professionals at Nelson & Smith Law Firm who understand how to craft a workers comp case for maximum compensation.