Receiving a mesothelioma diagnosis is devastating. Your situation worsens after finding out about the denial of your workers’ compensation claim for medical benefits and lost wages. This denial can feel like a cruel blow, especially when you worry about your family’s future.
Occupational disease claims often come with challenges. Fortunately, you have options to overcome them with the right plan. The first step is to understand the reason behind your workers’ comp denial.
Failing to prove causation
Insurance companies assess the causal relationship between your work environment and mesothelioma. If they find your evidence insufficient, they can deny your claim and argue that your condition is a result of exposure elsewhere. You need strong evidence proving your workplace was the specific source.
Not filing on time
In Georgia, occupational disease claims come with strict deadlines. Generally, you must file your claim within one year after knowing or should have known that your mesothelioma condition is related to your job. Missing this deadline, even by a short time, can lead to a denial of your benefits.
Moreover, there is also a statute of repose that you must understand. This requires you to file a claim within 7 years after your last day of exposure at work. Unfortunately, mesothelioma can take 20 to 50 years to show symptoms, which can block you from filing a lawsuit.
Filing with documentation inaccuracies
Errors in documentation are one of the most common reasons for workers’ compensation denials. Insurance companies expect data accuracy, as this helps them determine your eligibility for benefits. If you fail to provide complete information, they can deny your claim.
Fighting back with evidence
A workers’ compensation claim denial is not the end of the road. You still have the chance to appeal. Start by reading the appeal process of the State Board of Workers’ Compensation. Then, gather compelling medical evidence and historical documentation about your work sites.
Navigating the appeal process can be overwhelming, especially with the high stakes involved. Seeking legal advice can offer clarity on your unique situation.