• Skip to primary navigation
  • Skip to main content
  • Skip to footer

Atlanta, GA Workers Compensation Lawyer Gerber & Holder Workers' Compensation Attorneys

Atlanta Law Firm

Atlanta (678) 802-8650 16 Lenox Pointe NE
Athens (706) 480-4050 337 S Milledge Ave, Ste. 209-7
Columbus (706) 480-4050 1340 14th St

Free Consultation

  • Team
  • Common Work Injuries
    • Back and Neck
    • Car Accident
    • Catastrophic
    • Spinal Cord
    • Construction
    • Truck Accident
    • Head and Brain
  • Workers’ Compensation
    • Workers’ Comp Benefits Guide
    • Workers’ Comp FAQs
    • Help With Claim Denials
  • Who We Represent
  • Resources
    • Reviews
    • Verdicts
    • Scholarships
    • Videos
    • Blog
  • Contact

Why Is My Georgia Workers’ Comp Claim Taking So Long?

Work Injury Lawyers (Home) / Georgia Workers’ Compensation / Why Is My Georgia Workers’ Comp Claim Taking So Long?

Possible reasons for a delay in Georgia workers’ comp benefits

    How Much is Your Injury Worth?

    Schedule Your Free Consultation

     

    Most Georgia businesses with at least 3 employees must have workers’ compensation insurance. An estimated $768 million was claimed in Georgia, according to a 2019 report. Unfortunately, the compensation doesn’t always arrive on time.

    So, how long does a workers’ compensation claim take?

    The workers’ compensation settlement timeframe varies depending on the situation. If the insurer accepts liability, you can get your first check in just 21 days. However, if there is a dispute, a hearing will have to take place within 60 days.

    Here are some of the common reasons why some workers’ compensation claims take longer to resolve.

     

    1. Requests for a second opinion

    Insurers will always try to pay as little as possible. It should therefore not come as a surprise that insurers may request a second opinion. A second assessment must be carried out by a different physician to confirm the first. The insurer will still cover the cost of the second medical exam.

    Sometimes, the treating physician may request a second opinion to confirm their assessment. You have the right to request a different opinion within 120 days. These are also known as Independent Medical Exams (IMEs).

    2. You suffered multiple injuries

    If you suffered multiple injuries during a work-related accident, the complexity of the claim also increases. For instance, you have broken bones, dental injuries and burns. Each of those injuries will have to be investigated separately.

    It also requires experts in different fields to work on the same case. Should any of them need a second opinion, the case stops until the new results are received.

    Each physician will also have to write their report on their area of expertise. The more people are involved in handling your claim, the higher the chance that errors and mistakes will be made.

     

    3. Understaffing

    Understaffing is a common problem with insurance companies. A single team can be assigned to many different cases at a time. Insurance adjusters are usually in short supply. Handling numerous cases at a time means dealing with different companies, physicians and even lawyers. Being spread so thin comes at a cost: they are more likely to make mistakes and cause delays.

    Secondly, if there is a more pressing matter, they will give it more attention and leave you waiting. In some cases, the delay might be a ploy to wear you down. If you seem content waiting, your case might take longer. Follow up and keep them on their toes at all times.

    4. Failure by the physicians

    The injury’s extent and the course of treatment has to be agreed upon before you can receive compensation. The only way to achieve this is by conducting medical examinations. You can choose 1 of 3 ways. The first option is through a panel of 6 physicians; the second option is through a conformed panel consisting of 10 physicians. Lastly, a Managed Care Organization can do the injury assessment.

    If a valid panel of physicians is not provided, you can get medical assistance from a doctor. A mistake by the treating doctor during diagnosis or treatment means there will be more disputes about your case. This can lengthen the proceedings.

     

    5. Filing delays by your employer

    All the parties involved in the chain must do their part on time. After you report the injury, your employer is supposed to notify the insurance carrier about the claim. Your employer must then complete and file Form W1-C. Any injury that led to the loss of more than 7 days must also be reported to the State Board of Workers’ Compensation. This process is compulsory and must be completed before the case can move forward.

    Failure or late filing by your employer will cause delays in hearing and settlement. If the form is not filled properly or has missing signatures, they will be asked to re-do the whole process, causing further delays.

    6. You made mistakes

    It is easy to point fingers, but sometimes the delays might be of your own making. Failure to notify your employer on time is at the top of the list. Although the law allows for up to 1 year, you don’t have to wait that long. The longer you wait, the harder it will be to prove your case. Incomplete forms or providing inaccurate information will cost you precious time. Usually, the insurer has to request that you refill the forms.

    Another way people hurt their case is during treatment. The physicians provided will examine you and recommend treatment. Failure to adhere to the guidelines may delay your healing process or worsen your condition. The insurer will most certainly bring this up during the hearing and derail the process. The fewer mistakes you make, the better.

     

    Seek help from a professional work injury attorney in Georgia

    The truth of the matter is that filing for workers’ compensation is a tedious process. Although some delays may be out of your hand, others are entirely avoidable. The best way to ensure your case goes smoothly and swiftly is by getting help from an experienced Georgia workers’ compensation lawyer.

    Insurance companies have more experience when it comes to dealing with claims. Trying to handle matters personally puts you at a disadvantage. Unlike you, our attorneys know all their tricks. Let us help you so that you can focus on your recovery.

    Contact Gerber & Holder Law today for your free consultation.

    Other Articles You Might Like

    • Back & Neck Injuries CompensationBack & Neck Injuries Compensation
    • Atlanta Hurt on the Job Lawyers' Guide to Georgia Workers’ CompensationAtlanta Hurt on the Job Lawyers' Guide to Georgia Workers’ Compensation
    • College Students Debate Workers’ Compensation for PTSD-Only ClaimsCollege Students Debate Workers’ Compensation for PTSD-Only Claims

    Footer

    Scroll back to top
    Georgia workers' compensation lawyers with offices in Atlanta and Athens
    Atlanta office

    16 Lenox Pointe NE
    Atlanta, GA 30324
    (678) 802-8650

    Athens office

    337 South Milledge Ave, Ste. 209-7
    Athens, GA 30605
    (706) 480-4050

    Columbus office

    1340 14th St
    Columbus, GA 31901
    (706) 480-4050

    Quick Links
    Home
    Benjamin Gerber
    Thomas Holder
    Common Work Injuries
    Car Accidents On-the-Job
    Injured in Atlanta
    Workers' Compensation
    Who We Represent
    Reviews
    File for Bankruptcy
    Contact Us

    Facebook   LinkedIn    Twitter    “YouTube”

    Personal Attention,
    Proven Results NO COST to start now!

    Schedule Free Consultation

    Copyright © 2021 · Gerber & Holder Workers' Compensation Attorneys · Workers' Comp Lawyer in Atlanta · Disclaimer · Privacy Policy

    Lawyer Marketing & Web Design by SEO Advantage, Inc. · Part of the Enjuris Attorney Network