Q. What if my employer or the workers' compensation adjuster denies my claim?
If your claim is denied, you will be notified of the reason for the denial.
You have the right to request a hearing from the State Board of Workers' Compensation if you disagree with the denial of your claim.
A claim with the State Board must be filed within one year of the date of injury.
You can hire a lawyer or obtain the forms yourself from the Georgia State Board of Worker's COmpensation.
The procedure for filing a claim with the State Board of Workers' Compensation is outlined on the back of the Workers' Compensation form titled "Employer's First Report of Injury" (WC-1).
Q. Is there a time limit or statute of limitation on filing a workers' compensation claim and if so, what is it?
After properly reporting an injury, you have one year from the date of the injury to file a claim. If you received remedial treatment from your employer for the injury, you have one year from the date of treatment to file a claim for workers' compensation benefits. If you received weekly income benefits as a result of the on-the-job injury, you have two years from the date of your last payment of weekly income benefits to file a claim. In the case of an occupational disease claim, you have one year from the date you become aware of your disease or, in the exercise of reasonable diligence, should have known of the relationship between your disability and its relationship to your employment.
No claim for an occupational disease may be filed after seven years from the last date you were exposed to the employment hazards related to your disease.
However, for the diseases asbestosis or mesothelioma related to exposure to asbestos, you have one year from the date of first disablement
Q. Once I'm treated for my injury and after I have reached "maximum medical improvement"
Q. Once I'm treated for my injury and after I have reached "maximum medical improvement" and begin having problems in the future due to my injury, may I receive additional treatment for this injury?
You can go back to your authorized treating physician and receive treatment in accordance with the established guidelines set by the State Board of Workers' Compensation as outlined above.
Q. When will my claim be officially closed?
When appropriate benefits have been paid, or once a settlement agreement is reached by all parties and approved by the State Board of Workers' Compensation and a monetary amount is paid to you or your dependents, your claim is closed.
Note that not all claims are closed. Some claims, due to the nature of the injury, remain open until the statute of limitations runs, or until the injured worker's death, whichever occurs first.
The Spiva Law Group does not represent insurance companies ~ dedicated solely to representation of individuals who are injured & famlies
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Howard Spiva [email protected] (email)
www.Spivalaw.com (main web page)
www.georgiaworkcomplaw.com (Worker's Compensation)
The Spiva Law Group does not represent insurance companies and is dedicated solely to the representation of individuals who are injured and their families.
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