Four Reasons your Georgia Workers’ Compensation Claim Could be Denied

Personal Injury & Workers' Compensation Attorneys Serving Atlanta, Marietta, Cumming, And Nearby Areas Of Georgia

Posted: October 16, 2019

Common reasons for workers’ compensation claim denials include not reporting your injury, not seeking medical attention, not disclosing a previous injury, and not passing a drug test. Unfortunately, many employees do not understand the steps they must take to get the workers’ comp benefits they need. These employees then struggle to cover expenses and medical care as they recover from a workplace injury.

The workers’ comp system is in place to help you recover from an injury and return to work, but employers and insurance companies often value money over an employee’s well-being. The Georgia workers’ comp attorneys at the Law Offices of Humberto Izquierdo, Jr. PC believe you should not have to suffer unnecessarily because of a workplace injury. We will guide you through the claim process, ensuring that you comply with deadlines, documentation, and investigation proceedings.

Failure to Report your Injury

injured construction worker Employees often jeopardize their workers’ comp benefits by waiting to report an injury. You may fear that your employer will be angry with you or that you will be fired. You may think that your injury is not serious enough to warrant reporting.  

In fact, your employer is prohibited from retaliating against you for making a workers’ compensation claim, and reporting your injury right away is crucial. Even if you think the injury is minor, it could progress into a more serious condition. Having your supervisor or human resources department document the injury when it happens is the first step to a successful claim.

Failure to Seek Proper Medical Attention

After you report the injury, you need to seek medical attention from a company doctor. The company physicians’ information should be posted at your place of employment, or you can ask your human resources department. In the case of a medical emergency, you should seek immediate treatment in the emergency room. Then, follow up with the company doctor for your ongoing care.

It is important to have a physician assess and document your injury right away. If several days or weeks go by without you seeing a doctor, it is easier for the insurance company to argue that the injury was not serious or was unrelated to your job.

Prior Injury

Prior injuries can complicate workers’ comp claims. A pre-existing injury does not disqualify you for workers’ comp benefits. If a prior injury returns as a result of your job requirements, you can still receive benefits. However, if you were asked about specific injuries when being hired, and you did not disclose the condition, your claim could be denied.

Failure to Pass a Drug Test

When you report a workplace injury, your employer will likely request that you be tested for intoxicating substances. You are not legally obligated to take the test, but refusal can be interpreted as an admission of intoxication and can work against you.

If you take the drug test and are found to have intoxicating substances in your system, it will be more difficult to get workers’ comp benefits. Our team understands that positive test results do not necessarily mean that intoxication caused your injury. We will gather evidence and witness testimony to address discrepancies that may arise as a result of drug test results.

Schedule your Free Consultation

Our workers’ compensation attorneys are experienced with every stop of the claim process. If you have been injured on the job, the clock is ticking on filing a successful claim. We can help. Call us at 770-888-8901 to schedule your free consultation.