Dalton Workers’ Compensation Denial

Being denied compensation for a workplace injury could be another major blow to an individual who is already suffering. Individuals who were subject to a Dalton workers’ compensation denial could benefit from speaking with a skilled workers’ compensation attorney for assistance. Let our experienced lawyers review your case and explain what options you may have available.

Requirements for a Claim Approval in Dalton

For Dalton’s Department of Labor to approve a workers’ compensation claim, the employee must prove that they were injured in the course and scope of his or her employment and that the employer falls under the workers’ compensation laws. A notice must then be given and the form must be completed and submitted timely.

Once a person’s workers’ compensation is approved, employees need to be careful to not injure his or herself again and make his or her condition worse to ensure that any future medical treatment is not denied. They need to comply with all of their medical treatment instructions and comply with his or her doctor. It is critical for the individual to avoid doing things that could make his or her condition worse.

Under What Circumstances Might a Workers’ Compensation Claim be Denied?

Amongst various other reasons, a workers’ compensation denial in Dalton may occur if the employee did not give notice to the employer of an injury or if the statute of limitations has expired. In certain cases, the employee is actually suffering from some sort of condition that was not caused by work. He or she may think it was caused by work or might claim it was caused by his or her work while it already existed or would have happened whether he or she had been working or not.

In certain cases, people have medical conditions that become problematic on the job and would have become problematic even if he or she had been sitting on a couch at home. Consequently, the employer may pose all kinds of defenses to workers’ compensation claims.

Fight Dalton Workers’ Compensation Denials with an Attorney’s Help

The first thing a person should do in the event of a Dalton workers’ compensation denial is to contact a workers’ compensation lawyer. If he or she cannot get an attorney, the individual should contact the Georgia Department of Labor and try to appeal the denial.

After a denial, a workers’ compensation lawyer could ask for a substantive hearing, gather evidence, and present the claim. He or she could also use the court system and the claims system through the state to force the employer to pay even after the employer has denied the claim. A lawyer could help the employee take advantage of all the procedures in the law to force employers to pay claims.

The first step a lawyer will take after a person has been denied workers’ compensation benefits is to meet with the individual and to try to gather all of the evidence and facts about the claim and his or her medical condition. An attorney could then review what was filed with the state and ensure that everything that needs to be filed has been filed. Call us today to learn more about how an attorney could help you if your Dalton workers’ compensation claim has been denied.