Employers and their workers’ compensation providers frequently delay claims, hoping to get injured workers to accept an unfair settlement. If your Georgia workers’ compensation claim has stalled, here are some common workers’ comp delay tactics to know. A skilled workers’ compensation attorney from the Law Offices of William F. Underwood, III, P.C. can also advise on the best strategies to counter delays during a free consultation.
For over 20 years, clients throughout Georgia have turned to the Law Offices of William F. Underwood, III, P.C. for top-quality legal representation and compassionate service. Our success in workers’ compensation cases is marked by numerous six-figure results and a perfect 10.0 rating from the legal service Avvo, demonstrating our commitment to excellence, client support, and professionalism.
For help navigating your workers’ compensation claim or contesting a delay, call or contact us now for your free case review.
10 Common Workers’ Compensation Delay Tactics You Must Know
The 10 most common reasons for a delayed workers’ comp claim in Georgia include:
The “Slow No” – Unreasonable Delays and Lack of Communication
Employers and insurance companies frequently delay work injury claims by arguing that the process is taking longer than expected or by not responding to your requests for information. They may ask for additional reviews or more evidence to support your claim. Most often, they’re hoping you’ll accept an unfair settlement offer rather than wait out the claims process.
The best way to counter this tactic is to hire an experienced workers’ compensation lawyer and leave all communications with your employer and their insurer to your lawyer. The threat of litigation is often sufficient to show you’re serious about your case and convince a stubborn workers’ compensation adjuster to communicate and process your claim so your medical bills, lost wages, and disability benefits get paid.
“It’s Not Work-Related” – Disputing Causation
Workers’ compensation in Georgia only covers injuries that occur at work or while you’re performing job-related duties. If you have a delayed workers’ comp claim, it might be because your employer or their insurer believes your injuries aren’t work-related and you don’t qualify for benefits.
Submitting additional evidence is one method to counter this delay tactic. Photos showing where the accident happened, eyewitness testimony, video surveillance records, and other evidence can conclusively show where the accident occurred, what job-related task you were performing at the time, and why you should receive your rightful benefits.
“Doctor Shopping” – Independent Medical Examination (IME) Manipulation
Your employer may ask you to undergo an independent medical examination (IME) to assess your injuries. This request may seem fair, but employers and insurers often know doctors who are more likely to give them the results they want. Not only does this practice put you at a disadvantage, but the time spent “doctor shopping” can also delay your claim.
You have the right to request a second opinion from another doctor if your employer tries this strategy. If necessary, your attorney can bring your case to the Georgia State Board of Workers’ Compensation (SBWC) to dispute biased medical opinions from your employer’s chosen doctor.
Denying or Delaying Medical Treatment Authorization
One of the more common workers’ compensation delay tactics is for employers to deny or delay authorization for medical care. This strategy can lead to more severe injuries and increase your financial distress. If your employer is slow to authorize your medical treatment, your lawyer can file a Petition for Medical Treatment with the SBWC. If the delays continue, your attorney can request a hearing before an administrative law judge to force authorization for your treatment.
Misrepresenting Benefits or the Law
Your employer may give you a false estimate of your benefits or argue your injuries don’t qualify for workers’ compensation to delay your claim. Don’t accept a settlement or denial without talking to a lawyer. Experienced workers’ compensation attorneys in Georgia know the law and can explain your legal right to benefits.
Premature Return-to-Work Pressure (Light-Duty Issues)
Many employers pressure injured workers to return to a light-duty job before their injuries fully heal. Some even threaten to withhold benefits or delay a claim if a worker refuses to report for light duty.
You don’t have to return to work if your doctor has not cleared you. Your Georgia workers’ comp lawyer can submit medical evidence showing you cannot perform light-duty tasks.
Lowball Settlement Offers
Lowball settlement offers can derail your workers’ claim in two ways. If you don’t have a lawyer, you might accept the offer without knowing your claim’s true value. Low settlement offers also prolong the negotiation process as you and your employer go back and forth over the amount you deserve. If this happens, your lawyer can submit additional evidence showing the extent of your work-related injury and the benefits you qualify for. Your attorney can also take your case before the SBWC or proceed to a hearing before an administrative law judge to fight for your rightful benefits.
Surveillance Misuse
Employers and insurance companies sometimes hire private investigators to watch you and look for evidence that weakens your claim. Meanwhile, they stall your claim’s progress and wait for the investigation to conclude. If your employer tries this strategy, your attorney can advise you on how to challenge any evidence gathered through these means.
Disputing the Extent of Disability
The extent of your disability is critical in determining your Georgia workers’ compensation benefits, and employers often haggle over your disability rating to delay your claim. If this happens, your lawyer can obtain statements from your doctors, arrange independent medical evaluations, and bring in vocational experts to prove how your injury limits your ability to work. If necessary, your attorney can take the dispute to a workers’ compensation hearing to fight for your full benefits.
Employer Retaliation (Indirect Delay)
Finally, you may experience an indirect delay if your employer retaliates against you after you file your workers’ comp claim. Retaliation tactics can include firing you, demoting you, assigning you to different duties, or treating you poorly while you’re at work, all with the goal of pressuring you into accepting an unfair settlement.
Retaliation for filing a workers’ compensation claim is illegal in Georgia. If this happens, contact an attorney right away so they can file a complaint to hold your employer accountable.
Contact Our Experienced Workers’ Compensation Attorney Today
If you suffered a workplace injury and are now dealing with unreasonable claim delays in Georgia, it’s time to seek legal advice. At The Law Offices of William F. Underwood, III, P.C., we know how vital your benefits are. Our workers’ comp attorneys have successfully represented hardworking Georgians for over a decade, and we’re ready to fight for you. Call now or complete our contact form today for a free consultation.
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