All employers with three or more employees must have workers compensation insurance. The employer has to pay all of your medical expenses that are related to your on-the-job injury. Did you miss more than 7 days of work? Your employer has to compensate you for your lost time. If your employer has denied you these benefits, we can file a claim with the State Board of Workers Compensation and force them to pay.
Workers compensation laws are intended to help injured workers, but if you don’t follow the rules your claim may be denied. An employee generally has 30 days from the date of injury to notify his supervisor that they have sustained a workers‘ compensation injury. If you report the injury, you are entitled to certain benefits:
If your employer denies you benefits then you may have to request a hearing with the State Board of Workers Compensation. You have only one year from the time of the accident or the last time your employer payed you benefits to file a claim. If you wait any longer then your claim will be denied because the statute of limitations has passed (O.C.G.A. 34-9-82). However, its best to make sure your claim is filled within one year of the accident date. Waiting too long can be a death sentence to your workers compensation case.
Sometimes an employer will pay you lost income benefits, otherwise known as TTD, but you will lose those benefits because your condition improved or you went back to work. If your condition changes for the worse, then you may restart your TTD benefits, but you only have two years from the last time you received a TTD check. In that situation, you will still be entitled to medical benefits, but you lose the right to get compensated for your time out of work.
You should not wait to contact a lawyer. These statute of limitations problems can be very technical and can kill your case. Its not uncommon for the insurance adjuster to string you along with the promise of a settlement, but really they are just waiting for the statute of limitations to run. You only have 400 weeks to receive compensation for your medical costs. If you wait until after the 400 weeks, the insurance company won’t have to pay for your treatment (unless your case qualifies as catastrophic).
The Workers Compensation Insurance companies regularly delay the treatment of injured workers. Often the refuse to pay for expense procedures by saying they are not necessary or just ignoring you. The law requires them to pay for all medical expenses related to your work-injury. However, they often illegally delay medical treatment as a tactic. They hope you will give up and settle your case for less than it is worth.
There are several ways to make the insurance company pay for valid medical expenses. The State Board of Workers Compensation publishes a Form WC-205 . This form allows a doctor to request pre-authorization for treatment. The insurance company to provide an answer within 5 business days or the procedure is automatically considered pre-approved. If they flat out refuse to pay then you will have to request a hearing in front of an Administrative Law Judge and the Judge may order them to pay for the treatment you need.
I was injured at Home Depot. Robert got me a very good workers comp settlement. He gave me his cell phone number. I could call him no matter the day or time. He explained everything to me very well. Great lawyer.
Robert is very straight forward, and hard working. My insurance company would not authorize my medical treatment. Mr. Bourne got my treatment authorized and then got me a great settlement.
Mr. Bourne is excellent. My insurance company was cheating me, and he got right on it. He answered my calls when I called him, and he also gave me his cell number. The adjuster in my case was rude and down right mean. He straightened her out. He does not put up with the insurance company’s crap. He is a bull dog.
I am very glad I hired Mr. Bourne. He is very good at explaining things. I trust him, and I would recommend him any time.
Without his knowledge and experience I would not have had in my opinion the right doctor for my injury and the correct surgery..i would have gotten burned by the insurance company.
Mr. Bourne helped me with my case involving Debt Collectors. His counsel was invaluable as he explained to me each step along my case what would happen. He is a very honest attorney who cares about his clients and I would recommend him to anybody.