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Common Delay Tactics in Georgia Workers' Compensation Claims

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An insurance company’s primary goal is to maximize profits for its shareholders.  The main way they do this is by minimizing the amount they pay out in claims. Some workers’ compensation insurance companies use delay tactics to slow down the claims process, hoping claimants will eventually give up or accept lowball settlement offers.  Below are some of the more common tactics seen in Georgia workers' compensation claims.

Lack of Communication

When communication falls by the wayside, it compromises your claim. Some adjusters will refuse to answer emails or phone calls promptly to either slow down the claim process, or because they are over worked. The best way to respond to this type of behavior is to keep detailed records of all communication between yourself and the insurance company. Note the dates and times of your requests for information, and keep all written correspondence as proof of lack of communication.

Disputing Injuries or Not Authorizing Treatment

Insurance companies do not want to pay for ANYTHING.  Sometimes an adjuster might delay your claim by disputing your injuries or requiring you to undergo multiple medical examinations by doctors chosen and paid for by the insurance company, claiming that pre-existing conditions are responsible for the injury, or trying to prove any injury was caused by a non-work-related event. If an injured worker provides documentation from a personal doctor, workers’ comp adjusters may try to contact the injured worker’s physician directly with “follow-up questions,” when really they are attempting to discredit the doctor’s findings and downplay the severity of the injury.

Even if the claim is ultimately accepted, the punishment for unreasonably delaying/denying a claim is generally not steep enough to prevent this type of behavior.  Yet another reason to hire an experienced Georgia workers' compensation lawyer as quickly as possible following a work accident.

Asking for a Recorded Statement

It is rarely in your best interest to provide an insurer with a recorded statement before speaking to or hiring a lawyer. An insurer can use your words against you to limit your benefits, or possibly deny your workers’ compensation claim entirely.  Consult an attorney immediately if an insurance company asks you for a recorded statement.

Offering a Light-Duty Job

Your employer might tempt you to return to work by offering you a light-duty job. However, accepting this type of offer could be used as evidence against you in your workers’ compensation claim. For instance, an adjuster might argue that since you can return to work in a light-duty capacity, you can’t be too seriously hurt, and your workers’ compensation benefits should be reduced or denied.

Delaying Payment or Failing to Pay Medical Bills

Medical providers expect payment for their services. However, some adjusters might delay payment to providers or claim they are waiting on authorization to avoid covering your medical expenses. Some adjusters could even argue that specific medical treatments are unnecessary, meaning workers’ compensation benefits won’t cover them.  Delaying payment for medical bills can have multiple negative impacts, including a downgrade of your credit rating.

 

At SWS Accident & Injury Lawyers we are committed to helping you understand your legal rights and fighting against these common delay strategies. If you are experiencing unnecessary insurance delays after a work-related accident, now is the time to get legal help.  Give our lawyers a call today at 770-214-2500 for a free consultation.

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