[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.sherrodandbernard.com\/blog\/appealing-a-georgia-workers-compensation-denial\/#BlogPosting","mainEntityOfPage":"https:\/\/www.sherrodandbernard.com\/blog\/appealing-a-georgia-workers-compensation-denial\/","headline":"Appealing a Georgia Workers\u2019 Compensation Denial","name":"Appealing a Georgia Workers\u2019 Compensation Denial","description":"If you were injured at work in Georgia, chances are you filed a claim for workers\u2019 compensation benefits. State law requires most employers to provide employees with workers\u2019 comp coverage from their first day on the job. Workers\u2019 comp benefits should pay for medical expenses, a portion of...","datePublished":"2023-03-24","dateModified":"2026-02-26","author":{"@type":"Person","@id":"https:\/\/www.sherrodandbernard.com\/blog\/author\/johnsherrod\/#Person","name":"John Sherrod","url":"https:\/\/www.sherrodandbernard.com\/blog\/author\/johnsherrod\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/63ed235ae61137a2e8dec557ea4cd48dee882e0dc0bbcf9da6642f47d925925d?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/63ed235ae61137a2e8dec557ea4cd48dee882e0dc0bbcf9da6642f47d925925d?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Sherrod & Bernard, P.C.","logo":{"@type":"ImageObject","@id":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/SB-Logo-1.png","url":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/SB-Logo-1.png","width":300,"height":109}},"image":{"@type":"ImageObject","@id":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/02\/injured-at-site.jpg","url":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/02\/injured-at-site.jpg","height":641,"width":1000},"url":"https:\/\/www.sherrodandbernard.com\/blog\/appealing-a-georgia-workers-compensation-denial\/","video":[{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=C6bhr6jp9Yo#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=C6bhr6jp9Yo","name":"How To Appeal a Georgia Workers\u2019 Compensation Denial - Sherrod & Bernard, P.C.","description":"For more about Workers\u2019 Compensation cases, visit https:\/\/www.sherrodandbernard.com\/blog\/appealing-a-georgia-workers-compensation-denial\/\n__________________________________\nSherrod & Bernard, P.C. - Personal Injury Lawyers in Douglasville\n8470 Price Ave \nDouglasville, GA 30134\nPhone: (770) 920 - 8350\nwww.sherrodandbernard.com","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/C6bhr6jp9Yo\/default.jpg","https:\/\/i.ytimg.com\/vi\/C6bhr6jp9Yo\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/C6bhr6jp9Yo\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/C6bhr6jp9Yo\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/C6bhr6jp9Yo\/maxresdefault.jpg"],"uploadDate":"2023-03-24T12:34:51+00:00","duration":"PT2M59S","embedUrl":"https:\/\/www.youtube.com\/embed\/C6bhr6jp9Yo","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCNK4EK-AuNLyADEP1Gsgx7w#Organization","url":"https:\/\/www.youtube.com\/channel\/UCNK4EK-AuNLyADEP1Gsgx7w","name":"Sherrod and Bernard","description":"When you are in a legal bind, you need an experienced attorney you can count on to provide you with skilled representation and sound legal counsel. Every lawyer under the sun will tell you that he or she is the right person for the job, but you need a firm backed with a successful track record. You need the firm of Sherrod & Bernard, serving the Douglasville area.\n\nAfter attending the University of Georgia together, attorneys John Sherrod and Ken Bernard founded the law firm of Sherrod & Bernard, P.C. in 1992. From the very beginning, the goal of our firm has been to provide each and every client with the quality personal service and skilled representation they deserve. You can count on our work ethic and our commitment to our clients.\n\nYou need a highly skilled attorney to successfully resolve your legal issues. One of our lawyers can help. Schedule a free consultation by calling our Douglasville office at 770-920-8350.","logo":{"url":"https:\/\/yt3.ggpht.com\/uK-5K9pyHHwlk4D1Wclej9JOOudzsipnxVRsoc1u0fyFTl1Ykw0P1mMXhCw6PbtfZAwzpbuF_A=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=C6bhr6jp9Yo#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=C6bhr6jp9Yo#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=C6bhr6jp9Yo&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=C6bhr6jp9Yo#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":43}]]},{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=KEV-0JWqgbU#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=KEV-0JWqgbU","name":"Are there time deadlines for my workers' comp case? | Sherrod Bernard","description":"The statute of limitations is the time deadline a case must be filed by. In Georgia, the applicable statute of limitations for a workers' compensation case is one year. If the case is not filed by the applicable statute of limitations, the case is time-barred and forever lost. There are ways to extend the statute of limitations in cases where the employer voluntarily provided workers' compensation benefits after the injury. An injured worker must also be aware of another important time deadline. The injured worker must provide notice of his or her injury. This notice must be provided to the employer, and it must be done within 30 days from the time the worker has been injured on the job. \n\nAt Sherrod & Bernard, we recommend filing a claim as soon as the injury occurs.\n__________________________________\nSherrod & Bernard, P.C. - Personal Injury Lawyers in Douglasville\n8470 Price Ave \nDouglasville, GA 30134\nPhone: (770) 920 - 8350\nwww.sherrodandbernard.com","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/KEV-0JWqgbU\/default.jpg","https:\/\/i.ytimg.com\/vi\/KEV-0JWqgbU\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/KEV-0JWqgbU\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/KEV-0JWqgbU\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/KEV-0JWqgbU\/maxresdefault.jpg"],"uploadDate":"2019-08-09T11:30:00+00:00","duration":"PT1M2S","embedUrl":"https:\/\/www.youtube.com\/embed\/KEV-0JWqgbU","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCNK4EK-AuNLyADEP1Gsgx7w#Organization","url":"https:\/\/www.youtube.com\/channel\/UCNK4EK-AuNLyADEP1Gsgx7w","name":"Sherrod and Bernard","description":"When you are in a legal bind, you need an experienced attorney you can count on to provide you with skilled representation and sound legal counsel. Every lawyer under the sun will tell you that he or she is the right person for the job, but you need a firm backed with a successful track record. You need the firm of Sherrod & Bernard, serving the Douglasville area.\n\nAfter attending the University of Georgia together, attorneys John Sherrod and Ken Bernard founded the law firm of Sherrod & Bernard, P.C. in 1992. From the very beginning, the goal of our firm has been to provide each and every client with the quality personal service and skilled representation they deserve. You can count on our work ethic and our commitment to our clients.\n\nYou need a highly skilled attorney to successfully resolve your legal issues. One of our lawyers can help. Schedule a free consultation by calling our Douglasville office at 770-920-8350.","logo":{"url":"https:\/\/yt3.ggpht.com\/uK-5K9pyHHwlk4D1Wclej9JOOudzsipnxVRsoc1u0fyFTl1Ykw0P1mMXhCw6PbtfZAwzpbuF_A=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=KEV-0JWqgbU#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=KEV-0JWqgbU#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=KEV-0JWqgbU&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=KEV-0JWqgbU#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":109621}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=KEV-0JWqgbU#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":114}]}],"about":["Workers' Compensation"],"wordCount":1106,"articleBody":"If you were injured at work in Georgia, chances are you filed a claim for workers\u2019 compensation benefits. State law requires most employers to provide employees with workers\u2019 comp coverage from their first day on the job. Workers\u2019 comp benefits should pay for medical expenses, a portion of lost wages, and certain other incidental costs when employees suffer occupational injuries or illnesses.\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tUnfortunately,\u00a0workers\u2019 compensation claims\u00a0do not always proceed as they should. Every year, workers entitled to benefits see their\u00a0claims minimized or outright denied by penny-pinching employers or insurance companies. If this has happened to you, you have the right to appeal your claim\u2019s denial.If your workers\u2019 compensation claim was wrongfully denied, you have the right to appeal this decision. However, your time is limited. For most stages of the appeal process, you only have 20 days from the decision date to file your appeal, so you must act quickly.\u00a0\u00a0An appeal is a formal request asking a higher authority to review or reverse the decision of a lower authority. There is an established process for filing an appeal regarding workers\u2019 compensation denials in Georgia.To learn more about the workers\u2019 comp appeals process here in the Peach State, contact Sherrod & Bernard, P.C.,\u00a0 for a free initial consultation.\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tWhat Are The Most Common Reasons a Workers\u2019 Compensation Claim Is Denied?There are many reasons why an employer or insurance company might have\u00a0denied a workers\u2019 compensation\u00a0claim. But, because of your right to appeal, an initial claim denial is not necessarily the end of the road. With that in mind, here are some common reasons for\u00a0workers\u2019 comp\u00a0claim denials:You failed to notify your employer of your work-related injury or diagnosis within 30 days, as\u00a0Georgia law\u00a0requiresYou failed to file a claim for benefits within one year, as\u00a0Georgia law\u00a0requiresYour condition is not work-related or did not occur while you were workingYour condition is the result of workplace intoxication, horseplay, or some other misconduct on your partIs There More Than One Type of Workers\u2019 Compensation Denial?Yes, there are two key types of workers\u2019 compensation claim denials. One involves the outright rejection of the entire claim.\u00a0When an employer or insurance provider refuses to cover any part of a claim, it effectively denies that the employee qualifies for benefits. This could be because the employee is not considered fundamentally eligible for benefits, their condition is not considered work-related, or the company does not believe the employee is hurt, for example.The other type of\u00a0workers\u2019 comp\u00a0claim denial involves denying only part of a claim.\u00a0For example, the workers\u2019 comp carrier could refuse to pay for treatment from specific providers or for certain body parts or conditions. Disputes over pre-existing conditions and non-physical injuries are common reasons for partial claim denials.Is There More Than One Type of Workers\u2019 Comp Appeal?Yes, there are several stages in the workers\u2019 comp appeals process, including:A Hearing with an Administrative Law Judge (ALJ) \u2013\u00a0The first appellate stage involves attending a hearing before an ALJ. The ALJ considers all evidence presented by either party and decides the resolution of the claim based on the facts.Appealing to the Board\u2019s Appellate Division \u2013\u00a0If you disagree with the ALJ\u2019s findings, you can file an appeal with the\u00a0Appellate Division of the State Board of Workers\u2019 Compensation\u00a0(SBWC). You must request this secondary appeal within 20 days of receiving the ALJ\u2019s decision.Appealing to a Superior Court Judge \u2013\u00a0If you disagree with the determination of the Appellate Division, your next option is to go to court. Within 20 days of receiving the Appellate Division\u2019s decision, you can file an appeal with the\u00a0Georgia Superior Court.Appealing to the Georgia Court of Appeals \u2013\u00a0If you disagree with the determination of the Superior Court judge, you have 20 days to take your case to the\u00a0Georgia Court of Appeals.What Are the Next Steps in the Appeals Process After a Denial?It is essential to act quickly when you learn your claim has been denied. You have just one year from the denial to request a hearing with an ALJ and begin the appeals process with the SBWC.\u00a0But, there are plenty of reasons to get started much sooner than that. The appeals process can be time-consuming, so you\u2019ll get a resolution much earlier if you file promptly. Additionally, the evidence you rely on to support your case will only deteriorate with time, so it\u2019s better to act while materials and memories are fresh. To begin the appeals process, you\u2019ll need to submit a notice of claim to the SBWC. You can complete an official\u00a0Form WC-14\u00a0and mail it to the address listed on the form in Section E (\u201cCertificate of Service\u201d). You\u2019ll also need to send copies of the completed form to your employer and their workers\u2019 comp insurance carrier.What Should You Expect at a Workers\u2019 Compensation Hearing?Once you file your WC-14, the SBWC will proceed to schedule a hearing with an ALJ, the first stage of the appeals process. Your hearing will typically be scheduled within 60 days of when you filed the WC-14 and will take place in the county where your occupational injury occurred.\u00a0The ALJ hearing will be similar to a standard trial. You will be allowed to present evidence supporting your claim to benefits. Likewise, your employer or their insurer will present evidence supporting their decision to deny your claim. Both sides may have witnesses present to testify and cross-examine witnesses from the other side. Once everyone has had the opportunity to present their case, the ALJ will consider the available facts and decide the matter. You should receive the ALJ\u2019s findings in a letter delivered within 30 days of the hearing.Is Mediation an Alternative to a Hearing?In some cases, yes, mediation may be a viable alternative to an ALJ hearing.\u00a0Mediation occurs when you and your employer or their insurance provider sit down with a mediator who helps to facilitate an informal solution that works for everyone. Either party can request mediation. If your case is not resolved through mediation, you can continue with the appeal process.Talk With a Georgia Workers\u2019 Compensation Lawyer TodayIf your employer or the insurance provider has denied your claim for workers\u2019 comp benefits, contact the Georgia workers\u2019 compensation lawyers at\u00a0Sherrod & Bernard, P.C., for a free case review. We have extensive experience helping injured\u00a0workers like you seek and secure the benefits\u00a0they are entitled to, so call us now.Visit Our Georgia Workers\u2019 Compensation Claim Law Offices"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.sherrodandbernard.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Appealing a Georgia Workers\u2019 Compensation Denial","item":"https:\/\/www.sherrodandbernard.com\/blog\/appealing-a-georgia-workers-compensation-denial\/#breadcrumbitem"}]}]