Every state has its own set of workers’ compensation laws. In Georgia, there are several criteria which if not met, could result in a denial.
Providing Employer Proper Notice.
Whenever you’re injured at work you are required to provide notice to your employer. It may seem like common sense that without doing so, your workers’ comp rights cease to exist—but many people disregard this rule and end up without benefits. Some people also think that if they just ignore the injury, it will go away. But that just simply is not true. Most people aren’t lucky enough to get injured and then have it resolves itself. Reporting the injury in a timely fashion is essential because otherwise the consequences are high and you risk paying out-of-pocket.
Make sure to follow the chain of command and start with reporting it to your direct supervisor. If you find your boss is dismissive, then immediately provide written notification to both your direct supervisor and whoever is just above him.
Failing to Request Medical Care.
If you are injured on the job, then seek medical care immediately to rule out a severe accident. It can sometimes feel like a nuisance because it feels more like a minor issue that will vanish over time. But that is exactly the opposite of what usually happens and those “nuisance” injuries often end up chronically painful. Don’t dismiss the decision to get medical help because it will likely jeopardize your emotional and financial future.
In addition, employees’ compensation benefits will be contingent upon the doctors report, along with your documents. The employer is supposed to inform you when you’re hired exactly what to do if hurt (after informing them). Typically, the employer will have a list of doctors or what’s known as a posted panel of doctors. You also need to always follow doctors orders. Workers’ compensation benefits are meant to help employees that were injured as they recover. If you are viewed as standing in the way of your own recovery, your benefits could be refused or discontinued.
Injured Not Doing Your Job.
In Georgia, you may not be entitled to workers compensation benefits if you aren’t injured doing the exact job function for which you were hired. In other words, if you were not performing your assigned duties—like washing restaurant dishes—and were doing something that you were not assigned—like running the grill—then you might not have a compensable claim. Other reasons your claim may be denied is if you were drinking or using drugs while on the job, had a self-inflicted injury, were committing a crime at the time, or if you were not following policy. There are of course many exceptions to this rule and if you have any questions, you should schedule a consultation with a Georgia workers’ compensation lawyer.
To summarize, if you’re injured on the job notify your employer right away and request medical attention. Also, make sure you are doing the job you are paid for and don’t use drugs or commit crimes while at work (or anywhere else). Contact a workers’ comp attorney with any questions.