10 Things You Don't Know About Your Workers' Comp Claim
1. You can get workers’ compensation benefits even if your injury was your fault
In Georgia, workers’ compensation is a “no-fault” system. Generally, as long as your injury occurred while you were performing your job duties, you are entitled to benefits — even if the accident was your fault.
2. Insurance claims adjusters do NOT work for you
They are paid by the insurance company. Their job is to resolve your claim for as little money as possible. No matter how nice and accommodating they may seem, they do not have your best interests in mind.
3. An insurance claims adjuster can’t “close” your case
Insurance adjusters often tell people their claim was denied or that their case has been “closed.” The adjuster may have closed your file, but not your case. Claims adjusters don’t have the power to close your workers’ compensation claim. You may still have a case.
4. A pre-existing injury won’t keep you from getting workers’ compensation coverage
Generally, as long as your injury happened while you were performing your job duties, you have a workers’ compensation claim.
5. Your injury does not have to be the result of a one-time accident
Injuries that develop over time — such as repetitive stress injuries, cumulative trauma injuries and occupational diseases — are covered by workers’ compensation.
6. If you’ve been injured at work, your private health insurance likely won’t cover your treatment (or it may seek to recover any benefits paid on your behalf)
Your medical costs will only be covered by workers’ compensation if you see one of the “authorized doctors” provided by your employer. Do not assume workers’ compensation will pay for you to be treated by your private/family doctor. And, your private health insurance likely does not cover injuries that happen on the job.
7. If you don’t like your doctor, you can select a new one
Your employer will give you a list of authorized doctors to choose from. If you aren’t happy with your first selection, you can choose a new physician from the list.
8. There are ways you can jeopardize your workers’ compensation claim
These are just some of the things to avoid:
- Failing to notify your employer after your injury
- Waiting too long to contest or appeal a denied claim
- Refusing to cooperate with your medical treatment
- Abusing drugs or alcohol
9. It may not be in your best interest to settle your case
If your employer and the insurance company settle your workers’ compensation case, they are making a business decision that they can save money in the long run by paying you a lump-sum right now. Sometimes the insurer does not offer an amount that you are comfortable with. In that case, it may be better for you to continue receiving income benefits and medical benefits. We will walk alongside you and make sure that you are not forced into accepting any offer that is not right for you.
10. If your claim was denied you can appeal it
If you were denied medical treatment, told to return to work before you have fully healed, or have been denied certain other benefits, you can appeal.
Don’t Wait, Contact a Skilled Workers' Comp Attorney Today!
If you’ve been injured at work, you need your workers’ compensation benefits now. The sooner you act, the better. Our firm is ready to help you with every aspect of your claim, from filing your initial paperwork to getting authorization for medical treatment. Waiting until issues arise could jeopardize your case.
Contact Barr Law today to schedule a free consultation. We work on a contingency basis—which means you don’t pay unless we recover compensation on your behalf. Call us now at 912-681-BARR (2277) or email us.