Steps for injured Georgia workers if the adjuster isn’t answering the phone
If you were injured on the job and aren’t able to quickly receive workers’ compensation benefits, then you have entered a legal battle against your employer and/or their insurance company. Even if you have been employed by the same company for decades, the minute you file a workers’ compensation claim it becomes a case of “you vs. them.”
Several aspects of your workers’ compensation claim are time-sensitive, so it’s not surprising that one of the most common workers’ comp adjuster tricks is to simply fail to return your calls. Not only does this tactic put you at a clear disadvantage, but there are legal ramifications that also have to be considered.
What can I do if an insurance adjuster isn’t calling back?
As the injured party, the most important aspect of a workers’ compensation claim is your personal wellbeing, both physically and financially. Fortunately, there are several ways that you can fight back against this underhanded claim delay tactic.
Be persistent on the phone
First, you can repeatedly call the insurance adjuster until you finally get them on the phone. Call at various times and frequently. Many people are hesitant to employ this tactic because they don’t want to seem like a “pest,” but what the adjustor is doing by ignoring your calls is an affront to your rights.
You can also call and demand to speak to the adjustor’s supervisor. Again, this method can be viewed negatively by some, but it’s often the only way to get results out of the adjuster handling your claim. Even though their supervisor works for the same company, sometimes going over the adjustor’s head encourages them to speed your claim up.
Consider snail mail
No, we are not encouraging you to write a strongly worded letter, but you can use the U.S. Postal Service to your advantage. Many adjusters will claim they have not received the documents that they need to advance your claim and this is why they haven’t called you back.
To avoid this tactic, consider sending the documents by certified mail. This type of mail requires that the adjustor sign a form acknowledging that they received the information, which takes away one of their stall tactics.
Demand your own proof
An insurance company can’t simply deny your workers’ compensation claim without providing their own documentation. The denial form is known as a Form WC-10 and since it pertains to your case, they are required to provide this form to you.
This form not only contains the adjustor’s contact information, but it should also have a written summary of why they are denying your claim. This is the kind of information your attorney needs in order to dispute their rejection of your claim.
How our Georgia workers’ comp attorney can help
The adjuster assigned to your claim probably assumes that you don’t know all the intricate workings of the workers’ comp process. In most cases, they are correct since most employees don’t know how the workers’ compensation claim process really works.
That is why one of the best things you can do is arm yourself with an experienced attorney who is well-versed in your state’s workers’ compensation laws. At Gerber & Holder Law, we can review the details of your injury and help you in the battle against your company and the adjuster.
Do you really need to hire an attorney after a workplace injury in Georgia? Yes, and here’s why…
Filing an application for mediation or trial
Will we have to take your claim to court?
Not necessarily.
One of our attorneys’ greatest tools is our ability to file for a hearing or mediation. Once your attorney files this paperwork with the court system, the workers’ compensation insurance company will have no choice but to adhere to a court order or risk being found in contempt of court.
Instead of being ignored by an adjuster, the mediation or hearing process will force the hand of the insurance company. They will have to send an attorney to represent their interests against your attorney.
The workers’ compensation process is often a prolonged legal battle—a battle that you should not try to fight on your own. Our team at Atlanta Gerber & Holder Workers’ Compensation Attorneys has represented injured workers in their fight against employers and insurance companies for decades.
