Appealing a denied workers’ compensation claim in Georgia is a complex process.
The appeals phase is a formal legal process with specific rules and procedures that claimants must follow. It’s also time-sensitive — you have just 20 days from the date of a denial to request a hearing.
If you’re considering an appeal, it’s wise to consult an experienced Tifton workers’ compensation lawyer to understand what to expect.
Underwood Law LLC proudly stands up for injured workers in Georgia. We can handle the legal paperwork, gather evidence to support your appeal, and develop a strategic approach for your case.
Call now or complete our contact form for a free consultation.
Common Reasons for Workers’ Compensation Claim Denials
Employers may deny workers’ compensation claims for several reasons, often arguing that the employee:
- Failed to report the injury or file a claim within the required time limits
- Did not suffer a work-related injury
- Is dealing with a pre-existing condition
- Did not provide sufficient medical evidence to support the claim
Steps to Appeal a Denied Workers’ Compensation Claim in Georgia
So, what can you do if your workers’ comp claim is denied? Appealing a workers’ compensation decision is a multi-step process. Here’s what to do:
- Review the denial letter – Carefully examine your employer’s denial notice to understand why they rejected your claim. This information is crucial for addressing issues during the appeal.
- File Form WC-14 – To initiate the appeal, submit Form WC-14 to the Georgia State Board of Workers’ Compensation (SBWC). This form requests a hearing before an Administrative Law Judge (ALJ). Send copies to your employer and their insurance carrier. You must file this form within one year of your injury date or last authorized medical treatment, whichever is later.
- Request for mediation (optional) – You have the option to request mediation in place of a formal hearing after filing your WC-14. During mediation, a neutral third party tries to help workers and insurers find a mutually agreeable solution.
- Prepare for the hearing – Gather all relevant evidence, including your medical records, witness statements, and employment documents.
- Attend the ALJ hearing – The next step is to present your case at the scheduled hearing. The judge will consider the evidence before issuing a written decision, typically within 30 days.
- Appeal to the Appellate Division – If the judge rules against you, you can file an appeal with the Appellate Division of the SBWC within 20 days. The appeal should include a written brief outlining the alleged errors in the judge’s decision. Oral arguments are permitted if you or your employer requests them.
- Further appeals – If the Appellate Division upholds the ALJ’s denial, you can appeal to the Superior Court of the county where the injury occurred. Subsequent appeals can be taken to the Georgia Court of Appeals and, if necessary, to the Georgia Supreme Court. Most claims never reach this stage.
Why Hiring a Tifton Workers’ Comp Attorney Is Highly Recommended
Appealing a workers’ compensation decision in Georgia involves strict deadlines, detailed paperwork, and developing legal arguments that can be challenging for non-lawyers — especially those who are injured — to accomplish alone. Our Georgia workers’ compensation lawyers are well-versed in navigating these complex rules, gathering medical evidence, and meeting filing requirements. We can build a strong case, represent you at hearings, and fight for results that count.
Contact a Tifton, GA, Workers’ Compensation Lawyer
Don’t wait if you want to appeal a denied workers’ compensation claim in Tifton. Call Underwood Law LLC now or complete our contact form for a free consultation.