Five Common Ploys Employers Use to Reject Your Workers' Compensation Claim
Employers such as A&M, Bayou, and L’Auberge obviously aren’t going to make money by paying you to stay home; therefore, it’s in their best interest to find a way to either lessen your workers’ compensation benefits or deny them altogether when you’re injured. However, Louisiana’s workers’ comp laws are pretty specific about what can and cannot cause a claim to be denied. This is why insurance companies do everything in their power to either imply, suggest, confuse, or flat out lie about how, when, and where you received your injury. If you can’t definitively prove otherwise, they unfortunately have a basis to deny your claim.
Employer/Insurance Tactics Used to Deny a Workers' Compensation Claim
There are five specific allegations that if inferred by your employer, could cause your claim to be prolonged, halted, or denied, pending investigations.
Your Location When Injured
In order for workers’ compensation to apply, your injury must have occurred at work, or as a result of working. If your employer suggests that perhaps your injury was sustained outside of work, your claim can be denied or at least temporarily suspended until you can prove otherwise.
Not Injured On the Job
Many employers will try to say that repetitive motion injuries aren’t covered under their benefits because it can’t be proven that your job caused the injuries. Unless you can prove that the duties you perform for your job caused your injury, they’ll deny the claim.
Sometimes your employer may concede that you were in fact injured at work, but it was your own fault. If you can’t prove that your injury wasn’t self-inflicted, your claim could be denied on the basis that your injury wasn’t caused by employer negligence.
If your employer claims—and you can’t prove otherwise—that you were drinking or intoxicated at the time of the injury, he not only wouldn’t be liable to pay damages, but the accusation could also cause you to lose your job or be arrested for endangerment.
Enacting Their Right for a Second Opinion
Louisiana law allows employers to request a second opinion on your injury from one of their prescribed physicians. If their doctor doesn’t agree with your doctor’s assessment, this gives your employer a reason to deny the claim. However, they can only deny it for a short period. In these cases, if the physicians disagree, a court ordered third-party must perform an independent examination. Unfortunately, this could result in your claim being prolonged for an indeterminate amount of time.
All of these accusations could potentially cost you your rightful benefits or a decent settlement if you’re not properly prepared. This is why it is extremely important to have a good workers’ compensation lawyer on your side. They’ll have the experience and know how to help prove your case, while disproving any false allegations or confused assumptions made by your employer.
Don’t let your employer or his insurance company fool, trick, or underhand you out of your rightful benefits. Contact us today at 337-310-233 for a free consultation on how to fight back!
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