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The Marceaux Law Firm

Q
Why would my workers’ comp claim be denied?

A

Workers’ compensation claims aren’t always automatically approved—nor are the benefits always fair. According to the United States Department of Labor, approximately 600 workers’ compensation claims are filed every year in Louisiana. On average, two-thirds of those claims are initially denied, forcing injured workers to seek legal counsel, or suffer their medical and financial losses on their own.

No matter how deserving the victim, or how severe the injury, employers are always going to look after themselves before their employees. In most cases, this employer greed and self-preservation will result in lessened, delayed, or flat out denied workers’ compensation claims.

Causes of Denied Claims

Louisiana has very specific workers’ compensation standards that all employers and employees must follow in order to get work accident and injury benefits. However, insurance companies are extremely good at finding ways to bend these guidelines in order to deny your claim. The following are a few examples:

  • Allegations that your injury isn’t covered under their benefit plan or that your injury wasn’t work-related can give your employer the opportunity to deny a claim.
  • Lack of evidence disproving these allegations, or if you are unable to prove that your injuries satisfy the Louisiana requirements for workers’ compensation, your claim could still be denied.
  • Time restrictions. Sometimes your claim will be denied if you fail to file within the appropriate timeframe depending on the type of injury sustained.
  • Contradictory medical exams. If your injury has multiple assessments, your claim could be denied until a cohesive medical opinion and treatment can be reached.

How to Ensure a Fair Claim

Any type of legal claim can cause stress, anger, and confusion over whether or not you’re getting a fair settlement—especially when your employer is attempting to deny or delay your benefits. However, you can ease this stress by taking three precautions immediately after your accident.

  • Contact a lawyer for representation – They will not only be able to take up your fight, but they will also be able to help gather evidence for your claim
  • Gather evidence and documentation – This will be used to verify the injury and show how and where it took place.
  • Procure witness and physician statements/testimonials – These can help prove the extent of the injury and how it occurred

When you’re seriously hurt in a work-related accident, it may be difficult to gather evidence, organize documents, and file your claim. This is why you should contact an experienced lawyer to do this for you. Unlike your employer, he will put your needs above all else and help you get the benefits and claim approval you deserve.

Contact us today for additional information and a free consultation about your workers’ compensation rights—we’re here to help.

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