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What happens if my claim is denied?

If you have an accident and are injured on your job in Georgia, you can file a claim with workers’ compensation to get payment for your medical costs and lost wages. It is up to them to then process the claim and determine if you will get paid and what you will get paid. However, you do have rights during the process and you can take action if your claim is denied.

In the event your claim is denied, the State Board of Workers’ Compensation explains that you can request a hearing. A hearing will take place in from of the Board. It is similar to a court trial in that you will be able to present your case, while the other side present their case as to why you should not receive benefits. The Board hears all evidence and testimony and weighs that to make a decision. As with a typical court case, the decision of the Board is based on the law and the facts of the situation.

You do have the right to have an attorney represent you in your claims hearing. You can also represent yourself if you desire. However, your employer will usually have an attorney, so it can be beneficial to have your own.

The hearing will usually occur within 60 days from the time you make your hearing request. It will occur as close to you as possible, maybe in your county or a nearby county. This information is for education and is not legal advice.