This accident happened on site at work during normal hours. My knee was dislocated because of the accident and I went to their Dr. It was reported as work related.
The Dr. needs an MRI to decide treatment. The doctor gave me instructions not to stand, walk or lift at work, and the company insists if I want to be paid I must work “just taking it easy when I need to.”
I can not do my job unless I disobey the doctor’s orders. The workers comp insurance will not approve the MRI and it has now been a week since the injury. I had surgery on this knee over 9 years ago with no complications since then.
Can they deny my claim? What can be done about this? Thank you.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Your claim can be denied if it is determined you did not sustain an on-the-job work injury. However, from the fats you present it is obvious you did sustain an on-the-job injury. As a result, your claim should not be denied.
In the event your claim is denied you can request a hearing before a Georgia Workers Compensation Division Administrative Law Judge.
Essentially, the Administrative Law Judge will review the admissible evidence regarding the specific issues in your claim. This includes testimony from your employer, fellow workers whose opinions may be important, the doctor, and other persons who may have knowledge of the claim or the circumstances surrounding the claim.
The hearing will be recorded and an official transcript of the record will be filed with the Georgia State Board of Workers Compensation. To request a hearing you will need to file a WC 14 Notice of Claim Form.
Because of the issues involved, you would be best served by seeking the advice and counsel of a Workers Compensation Attorney. Georgia Workers Comp law limits the attorney’s fee to a maximum of twenty five 25% of the income benefits received, not to exceed four hundred ($400) per week of benefits.
Learn more here: Denied Workers' Comp? What to Do
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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