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The News God > Blog > Business & Finance > Mistakes To Avoid When Claiming Your Workers’ Compensation
Business & Finance

Mistakes To Avoid When Claiming Your Workers’ Compensation

Rose Tillerson Bankson
Last updated: October 30, 2021 6:53 am
Rose Tillerson Bankson - Editor
October 28, 2021
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A worker is entitled to benefits under the Georgia workers’ compensation scheme when the worker is injured in a work-related accident. The scheme provides medical care and lost wages for an employee who suffers from a job-related injury or illness. In order to be eligible for these benefits, an injured worker needs to comply with certain reporting requirements so that he or she can receive the appropriate paperwork regarding his/her claim. Failure to file a workers’ compensation claim properly may result in numerous problems, including forfeiting your right to benefits provided by law. 

Contents
Not Seeking Legal Advice Not Filing Your Claim Within Three Years  Not Filing a Workers’ Compensation Claim for All Injuries You May Receive Penalties for Filing More than One Claim Not Having All Necessary Documentation when Filing Your Claim Not Getting All Necessary Treatments for Your Injuries Failure to Report a Change in Your Condition 

 

The following are prohibited acts that might prevent you from receiving workers’ compensation:

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Not Seeking Legal Advice 

You have the right to choose your own attorney. In most cases, you should seek legal advice from a workers’ compensation attorney who can help you better understand how to get the benefits that you deserve. You might be able to get assistance from a non-attorney consultant who is knowledgeable about workers’ compensation laws. Hiring a workers’ compensation lawyer in Georgia can be a helpful way of getting compensation for your injuries without any hassle. Hiring a legal professional is advisable, especially if you are confused about the procedures that need to be followed.  Workers’ compensation lawyers have helped thousands of injured workers get back on their feet after suffering an injury on the job.  Hiring a lawyer means that you don’t have to worry about anything else because your case will be in good hands. You can focus on getting better while we handle everything else for you!

Not Filing Your Claim Within Three Years 

You are required by law to file your claim three years from the date when your accident occurred or within two years from the time that you knew of your injury, whichever is longer. This time period is referred to as the statute of limitations. It starts when you suffer an injury resulting from a work-related accident regardless of when you found out about the injury. The statute of limitations applies no matter how long your recovery takes and this means that you cannot receive any benefits if it has been more than three years since your accident. Consequently, your employer must report all injuries within 30 days after they happen in order to be covered under workers’ compensation insurance. If your employer fails to do so, your claim might not be accepted by the insurance company and they may deny payment for your claim or reduce the amount of compensation that you deserve for your injuries. Make sure to file a workers’ compensation claim within the three-year timeframe to avoid losing the benefits you are entitled to receive.

 

 Not Filing a Workers’ Compensation Claim for All Injuries 

In case of a work-related accident, your employer is required by law to report the injury immediately. If they fail to do so, they may be penalized for not complying with the law and you could also lose out on your chance at getting benefits from the workers’ compensation insurance company. Additionally, if your boss does not report his or her failure promptly enough, there is no way of knowing about the incident within 30 days which makes it hard to file a claim before the time limit has expired. If you filed a report late after being injured in an accident at work but you’re not sure if your claim is valid, you should be given an opportunity to explain why you filed late and provide the necessary documentation. However, under most circumstances filing a workers’ compensation claim for injuries resulting from a job-related accident is mandatory and failure to do so will result in penalties such as losing benefits and being subject to fines.

You May Receive Penalties for Filing More than One Claim 

You are entitled to file only one workers’ compensation claim per accident regardless of the number of body parts that were affected as a result. In some cases, it may take time for some injuries to become apparent or develop gradually. For example, some conditions might not start showing symptoms until after several days or weeks since the incident occurred. This means that you might not realize an injury right away and will be entitled to benefits if it is discovered later. In such a case, filing more than one workers’ compensation claim for the same accident is considered fraud and can result in penalties such as fines or loss of benefits.

Not Having All Necessary Documentation when Filing Your Claim 

In order for your claim to be processed properly, you need to file the necessary documents within the required time period in addition to providing all relevant information about your job, your employer, and why you were injured at work in a legible format. Failure to do so may lead to delays in processing your claim at which point you will have missed opportunities for getting benefits from workers’ comp insurance. If it takes too long to process your claim, you may lose benefits or be subject to penalties. You do not need an attorney in order to file your workers’ compensation claim or to get your medical treatment covered but you should know what type of documentation is needed and how it should be delivered.

Not Getting All Necessary Treatments for Your Injuries 

Treatment for work-related injuries is provided free of charge by medical professionals who are specially trained for treating injury victims under the care of workers’ compensation insurance providers. This means that there are no co-pays or other costs associated with getting necessary treatments provided after a workplace accident so you shouldn’t expect medical professionals to contact your employer regarding payment. If they try pressuring you into paying them first you should refuse and report this to your employer as such behavior is considered unethical. If it’s later discovered that you were responsible for payment at the time of treatment, your claim might be rejected so take care to avoid such situations.

Failure to Report a Change in Your Condition 

If you fail to inform your employer about any changes in your condition and keep missing work days without giving notice, you could be subject to penalties under the law. You must report all relevant information regarding your injury and if there are delays or changes that affect how much compensation benefits you will receive from workers’ compensation insurance providers. Failure to do so may lead to penalties such as fines or refusal by the insurance company to pay out compensation benefits. 

 

Workers’ comp claims are complicated and you will need legal advice in order to make sure that your case is handled properly. Be sure to take all applicable steps when filing a claim and keep track of the necessary deadlines to avoid potentially losing benefits or facing penalties from workers’ compensation insurance providers.

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