Workers' Compensation Defenses That You Should Know

It is important that you know how workers’ compensation insurance carriers will try to deny or diminish the value of your workers’ comp claim. There are several common defenses and grounds for denial of workers’ compensation claims in Georgia. Some of these include the following:

• The injury was not work-related: In order for a workers’ compensation claim to be successful, the injury or illness must have been sustained while the employee was on the job. If the injury was sustained outside of work, or if it was a result of the employee’s own reckless or negligent behavior, the claim may be denied.
• The injury was not reported in a timely manner: In Georgia, employees are required to report their injuries to their employer within 30 days of the incident. If the injury is not reported within this time frame, the claim may be denied.
• The employee failed to follow proper safety procedures: If an employee was injured while not following established safety procedures, the employer may use this as a defense against the workers’ compensation claim. For example, if an employee was not wearing the proper safety equipment and was injured as a result, the claim may be denied.
• The employee was under the influence of alcohol or drugs: If an employee was under the influence of alcohol or drugs at the time of the accident, the claim may be denied. This is because intoxication can be considered negligent behavior, and employers are not required to compensate employees for injuries sustained as a result of their own negligent behavior.

It’s important to note that these are just some of the potential defenses and grounds for denial of workers’ compensation claims in Georgia. Each case is unique, and the specific defenses and grounds for denial that may be used will depend on the individual circumstances of the case. If you have any questions about a workers’ compensation claim in Georgia, it’s best to speak with an experienced attorney who can provide you with specific advice.