What If My Claim Is Denied? Get Help From A Marietta Area Attorney.
It is not uncommon to have a workers’ compensation claim get denied. Even valid claims are often turned down initially. However, you should not give up. In most cases, getting help from a lawyer can resolve the issue.
I am attorney David Garner, and I represent injured workers in Marietta and throughout Georgia. With past experience working as a defense lawyer for insurance companies, I understand why so many claims are denied. After reviewing your claim, I can help you put together the information you need to help you recover the benefits to which you are entitled. Please call my Dallas office at 678-956-7338 or 866-204-5251, or contact me online to schedule a free consultation.
Requesting A Hearing After A Claim Has Been Denied
If your workers’ comp claim was denied, we can request a hearing to overturn the insurance company’s decision. Hearings are usually scheduled before an administrative law judge (ALJ) 60 to 90 days after filing a request, however, delays are somewhat common.
In order to preserve your claim, it is important that you begin this process as soon as possible after your claim has been denied. I will immediately request a hearing and I will be at your side during the hearing and throughout this process.
Appealing A Claims Denial
If the ALJ upholds the decision to deny a claim following a hearing, all is not lost. We can appeal to the Georgia State Board of Workers’ Compensation within 20 days of the ALJ’s ruling. If your claim is still denied, we can appeal to the Superior Court in the county where you were injured.
It is rare for a workers’ compensation case to proceed further than the Superior Court, but if appropriate we can request a hearing before the Georgia Court of Appeals. If the appeals court denies your request we may also appeal to the Georgia Supreme Court.