What to Do If Your Workers’ Comp Claim is Denied in Louisiana

Getting that initial letter that your workers’ compensation claim has been denied can feel like hitting a roadblock when you’re already down.

But hey, you’re not alone, and there are steps you can take to get back on track.

Let’s break it down together in simple terms.

Why Your Claim Might Have Been Denied

So, you got that dreaded denial letter. Here are some reasons why it might have happened:

Maybe you didn’t report your injury to your boss within 30 days.

In Louisiana, you must report your injuries to your employer within 30 days of the accident. (And remember, always make your report in writing through email or text so you have timestamped proof of when you reported it.) If you took longer to report your injury to your boss, this could be why you got denied. But don’t worry, we’ll figure it out.

There could be a disagreement about whether your injury happened at work.

Your workplace or the insurance company may dispute whether the injury occurred in the course and scope of your job. If there’s uncertainty or conflicting evidence about how the injury occurred or whether it’s work-related, your claim may be denied. Yeah, it’s frustrating, but we’ll get to the bottom of it.

Your employer or insurer might think your injury was from something that happened before.

Insurers may deny claims if they believe the injury is due to a pre-existing condition rather than a workplace accident. That said, aggravation of a pre-existing condition is compensable under Louisiana’s workers’ compensation laws. An attorney can help you make a case for why your injury was a result of your accident, or how it aggravated your previous injury.

You might not have enough medical evidence.

Insufficient medical evidence supporting the claim or discrepancies between medical records and the reported injury may result in a denial.

Did you miss the deadline to file your claim?

The deadline to file a workers’ compensation claim in Louisiana is typically one year from the date of the injury or the last payment of benefits. (There are some exceptions to this.) Missing this deadline can lead to a denial of the claim. If you miss this deadline and get the denial, it’s not the end of the road. We’ll work through it together.

What You Should Your Claim is Denied

Alright, so your claim got denied. Here’s what you can do:

First things first, understand why it got denied.

Check out that denial letter and break it down. Understanding your denial is crucial to challenging it. If you’re confused, that’s what we’re here for.

Reach out to a workers’ comp attorney.

We are your personal guides through this maze. We do this every single day. We know the insurance companies and their attorneys, we know the judges, we know how this works. We can help you understand your rights and what steps to take next.

File a formal Disputed Claim for Compensation or Workers’ Compensation Lawsuit.

Fill out a Disputed Claim for Compensation form with the Louisiana Workforce Commission (LWC) Office of Workers’ Compensation Administration. Yep, you can fight that denial! Let’s get this show on the road.

Gather more evidence.

We’re talking medical records, witness statements, anything that can help support your case. The more thorough you are, the more likely you are to win your claim.

Be ready for mediation or a hearing.

It might sound intimidating, but your attorney will have your back every step of the way. Our attorneys will coach you before your hearing so that you go in prepared and confident in your case.

Consider settlement options.

Sometimes, it’s better to settle things out of court. Your attorney can help you figure out what’s best for you. They can negotiate on your behalf to reach a fair settlement that compensates you for your injuries and losses.

Tips for Filing a Successful Disputed Claim for Compensation

Filing a Disputed Claim for Compensation or Workers’ Compensation Lawsuit for a denied workers’ compensation claim can be a daunting task, but with the right approach, you can increase your chances of success. Here are some tips to help you navigate the court process:

Seek legal representation.

Enlist the help of an experienced workers’ compensation attorney who understands the intricacies of Louisiana’s workers’ compensation laws. An attorney can assess the validity of your claim, gather evidence to support your case, and represent you during the process.

File on time.

Ensure that you file your paperwork within the specified timeframe outlined in the denial letter. If you miss the deadline, you could lose your right to challenge the denial.

Gather additional evidence.

We’re saying this twice because it’s that important! Collect any additional evidence that supports your claim, such as medical records, witness statements, and documentation of the accident. This evidence can strengthen your case and increase your chances of a successful lawsuit. Our attorneys can make sure you don’t accidentally miss any evidence that could be key.

By following these tips and seeking the guidance of a workers’ comp attorney, you can navigate the court process with confidence and increase your chances of obtaining the workers’ compensation benefits you deserve.

The Importance of Understanding Workers’ Comp Laws in Louisiana

Before challenging a workers’ compensation claim denial, it’s essential to have a basic understanding of workers’ compensation laws in Louisiana. Here are some key points to keep in mind:

Louisiana operates on a no-fault system, meaning that injured workers are entitled to benefits regardless of who was at fault for the accident.

Injured workers must report their injuries to their employer within 30 days of the accident to be eligible for workers’ compensation benefits. And report it in writing! In the event your employer tries to pretend you never reported it, you will have time-stamped evidence on your side.

The deadline to file a workers’ compensation claim in Louisiana is typically one year from the date of the injury or the last payment of benefits (There are some exceptions to this rule.)

Workers’ compensation benefits in Louisiana typically cover medical expenses, lost wages, vocational rehabilitation, and death benefits for dependents of workers who have died as a result of a work-related injury or illness.

Understanding these laws can help you navigate the workers’ compensation process more effectively and advocate for your rights if your claim is denied.

You’re Not Alone

We know this whole situation can feel overwhelming, but remember, you’re not alone in this.

There are people who can help you navigate through this tough time. Reach out to friends, family, or even support groups if you need to. Get in touch with our attorneys so that you have someone on your side who knows the workers’ comp system and will fight for your rights.

Facing a denied workers’ comp claim in Louisiana is tough, no doubt about it. But with the right support and guidance, you can overcome it.

Take a deep breath, reach out for help, and let’s tackle this together. And always remember, you’ve got the right to fight for what’s yours. You’ve got this!

Contact a Louisiana workers’ compensation attorney today!