[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.sherrodandbernard.com\/blog\/what-to-do-denied-workers-comp\/#BlogPosting","mainEntityOfPage":"https:\/\/www.sherrodandbernard.com\/blog\/what-to-do-denied-workers-comp\/","headline":"What To Do if You Are Denied Workers\u2019 Compensation in GA","name":"What To Do if You Are Denied Workers\u2019 Compensation in GA","description":"If you suffered an injury while working, you could be eligible to claim workers\u2019 compensation benefits through your employer\u2019s insurance policy. Unfortunately, sometimes insurance companies will deny workers compensation benefits for various reasons. If you believe your claim was unfairly denied, Georgia law allows you to appeal the...","datePublished":"2022-05-02","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\/2022\/08\/injured-woman-crying.jpg","url":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2022\/08\/injured-woman-crying.jpg","height":667,"width":1000},"url":"https:\/\/www.sherrodandbernard.com\/blog\/what-to-do-denied-workers-comp\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=X23toflfd6U#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=X23toflfd6U","name":"What are workers' compensation benefits if I am hurt at work?","description":"The general rule is that you cannot sue your employer or a co-employee for personal injury. An injured worker is limited to collecting only workers' compensation benefits. What happens if a worker is hurt on the job by someone other than a co-employee or the employer? For example, what if an employee is required to drive as a part of this job? While on a work mission, the employee is hurt by random motorist running a red light. In that situation, the client would have two cases. \n\nFirst, there would be a personal injury case against the at fault driver for running a red light, but the worker would also have a workers compensation case since he was hurt while working for his employer. At Sherrod & Bernard, we handle workers' compensation and personal injury cases. Every injured worker who comes in our door, we look to see if they also have a personal injury case.","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/X23toflfd6U\/default.jpg","https:\/\/i.ytimg.com\/vi\/X23toflfd6U\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/X23toflfd6U\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/X23toflfd6U\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/X23toflfd6U\/maxresdefault.jpg"],"uploadDate":"2019-04-05T23:35:20+00:00","duration":"PT1M18S","embedUrl":"https:\/\/www.youtube.com\/embed\/X23toflfd6U","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=X23toflfd6U#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=X23toflfd6U#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=X23toflfd6U&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=X23toflfd6U#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":465617}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=X23toflfd6U#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":23}]},"about":["Workers' Compensation"],"wordCount":1179,"articleBody":"If you suffered an injury while working, you could be eligible to claim workers\u2019 compensation benefits through your employer\u2019s insurance policy. Unfortunately, sometimes insurance companies will deny workers compensation benefits for various reasons.If you believe your claim was unfairly denied, Georgia law allows you to appeal the denial. The appeals process begins with filing a notice of the claim using the state-provided WC-14 form within one year from the date of injury.To have the best chance of a successful appeal, we highly recommend consulting with an\u00a0experienced workers\u2019 comp lawyer at Sherrod & Bernard, P.C. We are committed to helping employees like you seek the benefits they deserve after a workplace injury.Contact us right away for a free consultation to get started on your appeal.\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 Some Common Reasons That Workers\u2019 Compensation Claims Are Denied?Workers\u2019 compensation claims can be denied for many reasons, but that doesn\u2019t mean you aren\u2019t entitled to recover compensation. Some of the most common reasons that workers\u2019 comp claims are rejected include the following:Failure to report \u2014\u00a0If you don\u2019t report the injury to your employer within a 30-day window as established by state law, your claim could be rejected. However, you could seek an exception if your employer knew about your injury before the 30-day window ended.You weren\u2019t injured at work \u2014\u00a0If you weren\u2019t injured in the workplace or while doing work-related activities, it is possible that your claim could be denied. For instance, if you were hurt while driving to get coffee on a break, it\u2019s possible you might not be covered. But if you remained on the clock during that time or were running the errand for your boss, you should be entitled to recover benefits.Misconduct\u2014\u00a0If your own misconduct caused the injury, that could prevent you from obtaining benefits. For example, if you were working in a construction zone and you showed up to work intoxicated, you might not be covered by workers\u2019 compensation if you injure yourself.Your injuries aren\u2019t severe enough \u2014\u00a0Often, an insurance company will admit to your injury but argue that it is not serious enough to prevent you from working.The injury isn\u2019t related to your job \u2014\u00a0If you suffered an injury such as a stroke due to a pre-existing condition rather than a workplace hazard, the insurance company might reject your claim.If your claim has already been denied once, it is crucial to get the appeal right. A skilled workers\u2019 compensation lawyer can help you navigate the appeals process, fill out your forms accurately, and present a stronger case on the second try.Are There Different Types of Workers\u2019 Comp Denials?There are two primary types of workers\u2019 compensation denials \u2013 full and partial denial.\u00a0When the insurance company issues a full denial, they are essentially saying that no injury occurred during the scope of your vocational duties.With a partial denial, the insurance company rejects a specific part of your claim. For example, they might argue that you didn\u2019t injure a certain body part that you say you did. In Georgia, the insurance company could also deny paying you lost income while agreeing to pay for medical benefits.Whether the insurance company denies your full claim or a part of your claim, a workers\u2019 compensation attorney can help you decide whether you qualify for the benefits you were denied and determine the best course of action.Can I Appeal A Workers\u2019 Comp Denial?If your workers\u2019 compensation claim was denied, you have a legal right to appeal the insurance company\u2019s denial under Georgia law.\u00a0After filing your notice of claim with the SBWC, you will proceed through the appeals process, including your hearing with an administrative law judge. Georgia law also gives you the right to appeal the decision of an administrative law judge to a higher court if you disagree with their decision.How Do I Challenge A Workers\u2019 Compensation Denial?The primary steps in challenging a workers\u2019 compensation denial include the following:File a notice of claim \u2014\u00a0The first step in the appeals process is to file a notice of claim on form WC-14 with the State Board of Workers\u2019 Compensation (SBWC). You must do this within one year. If the insurance company only partially denied your claim and has agreed to pay some benefits, then you must file within one year of your last medical treatment or two years from the date you received your last weekly disability check.Attend mediation \u2014\u00a0You might have to attend mediation as part of the appeals process. During mediation, you might be able to negotiate a settlement with the insurance company so you can both avoid going to court.Attend a hearing \u2014\u00a0At your hearing, your attorney will present the evidence in your appeal before the court. The court\u2019s judge must decide whether to rule for or against you within 30 days.Appellate review \u2014\u00a0If the judgment is not in your favor, you may appeal the judge\u2019s decision with the appellate division of the SBWC. This is done by filing an application within 20 days.Court \u2014\u00a0If the SBWC still rules in the insurance company\u2019s favor, you can appeal again to the courts. The appeal must be filed within a 20-day window from the date of the SBWC\u2019s final ruling.While you are allowed to challenge a workers\u2019 compensation claim, it is not an easy process. Hiring an attorney could significantly improve your chances of recovering the benefits you deserve. A lawyer can also offer you legal advice and walk you through the entire process.What Should I Expect At a Workers\u2019 Compensation Hearing?The workers\u2019 compensation hearing will occur in an informal courtroom setting. You or your attorney will present your evidence before a judge. There will be no jury present because plaintiffs in workers\u2019 compensation cases don\u2019t have the right to a trial by jury.It\u2019s also important to understand that the judge\u2019s ruling does not involve a settlement or an award. However, the judge can award benefits for medical expenses, lost income, and other miscellaneous expenses such as attorney\u2019s fees and disability-related costs. The court can also judge whether your claim is compensable or not. The judge can essentially rule on whether you were actually injured on the job or not.An experienced workers\u2019 compensation attorney can help walk you through the process and represent you in the courtroom.Contact a Workers\u2019 Compensation Lawyer in Georgia TodayIf you believe your workers\u2019 compensation claim was unfairly denied, contact\u00a0Sherrod & Bernard, P.C., at your earliest convenience. You only have a limited time to file your appeal, so there is no time to lose.We understand that the workers\u2019 compensation process can be complicated and stressful, which is why having trusted legal representation is so beneficial. Our attorneys could help you determine whether you qualify for benefits and present strong evidence to support your case at your appeal hearing.Contact us today for a free case evaluation."},{"@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":"What To Do if You Are Denied Workers\u2019 Compensation in GA","item":"https:\/\/www.sherrodandbernard.com\/blog\/what-to-do-denied-workers-comp\/#breadcrumbitem"}]}]