Unfortunately, many people assume the injuries they sustain in the workplace are simply occupational hazards. This is far from the truth because you can often receive a workers’ compensation award when you endure a work-related injury or illness. However, if your compensation is denied or the funds are insufficient, you may not know how to proceed. The following blog and a Marietta workers’ compensation lawyer can help you learn how to navigate this unfortunate situation.
What Is Workers’ Compensation?
Workers’ compensation is insurance mandated by Georgia. As a result, employers with three or more employees must offer these benefits to their workers.
These funds can be used to cover medical expenses, injury-rehabilitation programs, supplemental income, and in the event an employee passes due to the injuries they sustained, death benefits for their dependents. These payments will cover the full cost of your medical expenses and up to two-thirds of your weekly earnings.
What Can I Do if My Workers’ Compensation Award Is Insufficient or Denied?
Though applying for these benefits may seem like a straightforward process, in some instances, your employer or the insurance may deny the claim. This is frustrating as you are entitled to compensation if you were injured due to no fault of your own at work.
Generally, so long as you were not fooling around, committing a crime, or negligently using machinery, you can receive compensation. However, if your claim is denied, it could be because you filled out the application incorrectly. You should be able to quickly remedy this issue by re-completing the form.
However, if the funds awarded to you are insufficient, you may not know what to do. Luckily, you can appeal the decision, which allows you to fight for a more adequate award.
What Does the Appeal Process Look Like?
If you decide to appeal the decision, you’ll appeal to the state’s board of Workers’ Compensation by requesting a hearing. When you attend the hearing, you can provide evidence to help prove that you need benefits. To prove this, you’ll need the assistance of an experienced attorney.
Should the state board still stand by the decision, you can elevate the matter to the appellate court. However, during this process, you are not permitted to introduce any new evidence to the courts. Instead, you must argue to the judges present, in a short period of time, why you believe the state’s decision should be overturned.
When you need help obtaining the workers’ compensation award you are entitled to, the Miller Law Practice can help. Our dedicated legal team can help you navigate this frustrating and complicated process to help keep you on your feet after a work-related injury or illness. Contact us today to learn more about how we can help you.