WC claim denied

somarco

GA Medicare Expert
5000 Post Club
36,693
Atlanta
Individual tripped on uneven carpet in the workplace during normal business hours. Fall resulted in broken hip and elbow.

Claim almost immediately denied upon filing. Have not seen denial letter but have been told claim was refused because claimant tripped over their feet.

Is alleged clumsiness justification for denial?

Claimant had visual impairments that require the use of special glasses similar to goggles worn by basketball players. Field of vision is slightly impaired but does not prevent the individual from performing regular duties.

Claimant asked employer for appeal forms and information on the appeal process. Request for forms denied.

Plan is self funded municipal plan.
 
lawyer up...

no-fault” system, which means that any worker who is injured on the job – regardless of whether that injury has been caused by the injured worker himself,
 
Still looking for feedback from someone who has answers

Didn't think of this earlier but (assuming the claimant is employed in GA) he can file a complaint with the Georgia Board of Workers' Compensation.

Here's a form:

https://sbwc.georgia.gov/sites/sbwc.georgia.gov/files/related_files/document/ComplaintForm.pdf

I suggest he attach a First Report of Injury to the complaint:

https://sbwc.georgia.gov/sites/sbwc.georgia.gov/files/board_forms/wc001.pdf

Lawyer up as well.
 
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