Most employers in the state of Georgia are required to provide workers’ compensation protection coverage to their employees. While this may not cover independent contractors, employees who suffer work-related injuries can get financial support when they need it most. Unfortunately, accessing these benefits is not always as easy as it should be.
In addition to facing discouragement from your employer, you may also find the insurance company holding you back. If the insurer is preventing you from obtaining the workers’ compensation benefits you are entitled to, you may need to take legal action against them. Fortunately, our Atlanta workers’ compensation attorneys at John Foy & Associates understand how insurance companies work against claimants.
We have in-depth experience handling workers comp delay tactics and recognize all too well when the adjuster is stalling. Our Atlanta personal injury lawyers will be prepared to go up against these stall tactics and get your application approved as soon as possible. Here is more about some of the most common types of workers’ compensation delay tactics and how you can challenge them to get the workers’ comp benefits you deserve.
Common Workers’ Compensation Delay Tactics
Insurance companies often resort to unscrupulous tactics when handling injury claims. Although this does not apply to every insurance company, since the insurance industry is driven by the amount they bring in through premiums, paying out as little as possible on claims is how it makes money. For this reason, many insurance adjusters comb through applications looking for opportunities to delay claims or deny them altogether.
Even though many insurance companies market themselves as being “on your side,” this is rarely the case. Even if you purchase an insurance policy, the insurance company is not working for you. The insurance adjuster handling your case will be looking for inconsistencies and application mistakes or could even resort to unsavory delay tactics to reduce your payout or trick you into settling for less than you deserve.
Thankfully, when you have an experienced workers’ compensation lawyer at John Foy & Associates on your side, you can rest easier. We will negotiate your workers’ compensation settlement and never allow you to be taken advantage of. Here are some of the most common types of workers’ compensation delay tactics we are prepared to challenge:
Get the strong arm
1. Delaying Claim Payments
Sometimes, getting your workers’ compensation application approved is not the issue. The problem occurs when the insurance adjuster handling your case tries to delay paying you your benefits. The insurance company may claim they do not have available funds or need authorization to issue your workers’ compensation benefits.
2. Failure to Communicate
Unfortunately, it is more common than you might think for insurance adjusters to fail to communicate with claimants. You might make repeated phone calls, send emails, or otherwise attempt to speak with the insurance adjuster handling your case, only to find that they do not answer or respond. If this happens, you could miss essential deadlines, which could impact your ability to recover the workers’ compensation benefits you deserve.
Thankfully, your workers’ compensation attorney understands this tactic well. We will ensure you understand your rights and gather the necessary documentation needed to file your claim. That way, even if the insurance adjuster is unresponsive, we are prepared and can follow up accordingly.
3. Failing to Authorize Treatments and Disputing the Severity of Your Injuries
Workers’ compensation insurance benefits should provide you with disability benefits, total coverage of your medical expenses, and in some cases, vocational rehabilitation benefits. However, the insurance company may fail to authorize your medical treatments or argue that your injuries are not as severe as you claim. This gives them the opportunity to avoid paying you the full amount of your benefits or deny your claim entirely.
Insurance companies believe by forcing you to obtain multiple medical evaluations or requiring you to pay for your medical expenses on your own that, you will back down or settle for less than your claim is worth. However, your workers’ compensation attorney will be prepared to introduce evidence that proves your injuries were work-related, severe enough to prevent you from working and qualify for workers’ comp benefits. As long as your injuries occurred within the scope of your job responsibilities, you should meet the eligibility criteria without regard to fault.
4. Delaying Claim Processing
Insurance companies regularly attempt to reduce their profit losses by delaying the processing of claimants’ workers’ comp applications. By slowing down the administrative procedures, they believe they can force claimants into accepting less than their claim is worth. After all, they know you are struggling financially and need access to financial support as soon as possible.
Your employer may also hold you back from the workers’ compensation benefits you are entitled to. This is because when workers’ compensation claims are filed, the insurance company will increase the amount your employer is required to pay in premiums. Your employer may delay filling out necessary insurance documents and paperwork, tell you that you do not need to fill out any paperwork, that they will handle all document filings, or worse, that your injuries are not covered.
5. Asking You for a Recorded Statement
Another common insurance tactic is to request you give them a recorded statement. They may ask you politely enough, but that does not mean you should give them what they are asking for. In fact, giving a recorded statement can do far more harm than good to your workers’ compensation claim.
The insurance adjuster may manipulate your statement to make it appear as though you have admitted fault for your injuries. They could also twist your words to make it seem as though you have expressed guilt or that there are inconsistencies in your story. Instead of giving the insurance company a recorded statement, direct them to your workers’ compensation lawyer, who can ensure they have the information they need to process your claim without putting your benefits at risk.
Call in The Strong Arm to Protect Yourself from Profit-Motivated Insurers
Insurance companies are driven by their profits. They will almost always prioritize their financial needs over your best interests. Fortunately, you can turn to a dedicated Georgia workers’ compensation lawyer at John Foy & Associates to help you hold insurance companies accountable for their financial obligations.
We will be prepared for the insurance company to stall the approval of your claim or issue your benefits. If we notice signs that the insurer is handling your claim and bad faith, we will be prepared to take legal action against them. With our firm advocating for your rights, you can rest easier.
When you are ready to demand the insurance company pay you fairly for your work injury, do not hesitate. Reach out to a Georgia personal injury attorney at our firm for a free consultation today. Call us or fill out our online contact form to get started.