Baton Rouge Denied Workers Compensation Claims Lawyer

Baton Rouge Denied Workers Compensation Claims Attorney

Most people rely on the income their job provides for them. If they are involved in a workplace accident, they might depend on income from workers’ compensation to maintain their financial security and pay their medical bills. It might be necessary to work with a Baton Rouge denied workers compensation claims lawyer to push back against unfair denials made by an insurance company.

Holding Insurers Accountable

At Dampf Thames LLC, our clients trust us when they have nowhere else to turn. We understand how stressful a workers’ comp claim denial can be and will fight back when insurance companies don’t do what they’re supposed to. Our team is experienced with negotiating for higher payments and moving claims along to prevent them from missing important deadlines.

Common Reasons for Denied Claims

While there are some important reasons for claim denials, many insurance companies deny claims based on technicalities or disbelief of the victim. Common reasons for denied claims include:

• Late reporting: There’s a set time limit for a worker to report an injury to their boss. If they don’t report the injury in time, the employer or insurance company could deny benefits. They might use the delay to claim that the injury did not happen at work.
• Pre-existing conditions: If your medical records show that you have had certain health conditions or injuries in the past, an insurance company can argue that the injury happened before the accident did. If the injury did not happen due to work, the insurance company does not have to compensate the worker. For the 12.5% of Baton Rouge residents who have a disability, this factor might work against them.
• Lack of medical evidence: If you don’t visit the doctor or a healthcare provider after getting injured, there are no medical records that document the scope of your injuries. This can make insurance companies doubtful of the extent to which you were injured. Seek treatment as soon as possible for documentation and for your health, even if you are part of the 12.2% of the Baton Rouge population without health insurance.
• Disputes over the relation to work: Even if you are injured while employed, it had to have taken place during work hours or while you were performing work duties. If the injury did not happen at work or happened during off-duty hours, it might not be compensated. This is common in injuries involving repetitive stress and gradual conditions.
• Paperwork errors: Even small mistakes in forms can cause a workers’ comp claim to get denied. Insurance companies take advantage of these tiny errors to avoid having to pay benefits, even if the claim itself is valid.

A denied claim does not necessarily mean that benefits are permanently gone. A Baton Rouge Denied Workers Compensation Claims Lawyer can help challenge the decision and fight for your benefits. These benefits can pay for things like medical costs and living expenses to cover monthly property owner costs in Baton Rouge of $1608.

The Appeals Process

There is a standard process for what to do after a workers’ comp claim is denied. The most important step to take is to file an appeal. To start the process, you must file a Disputed Claim for Compensation with the Louisiana Office of Workers’ Compensation Administration. This is a document that the worker can use to explain why they think their claim should be approved. This form has a deadline by which it must be submitted.

If the claim is filed correctly and on time, a mediation conference is scheduled before a hearing. The purpose of this conference is to give the worker and the insurance company a chance to negotiate before going to court. If they can’t agree, a judge will review the case in a formal hearing. This decision can also be appealed by filing an appeal with the Circuit Court of Appeal. If your case gets to this point, an attorney is helpful to have working for you.

FAQs About Baton Rouge Denied Workers Compensation Laws

Q: Why Are Workers’ Comp Claims Denied?

A: Workers’ comp claims are denied for many different reasons. Sometimes, an insurance company claims that the injury didn’t happen at work or was already apparent because of the individual’s pre-existing conditions. Claims can also get denied if they’re filed too late and miss an important deadline. If the worker doesn’t take the injury seriously by going to the doctor and following their orders, it’s also possible for their claim to be rejected.

Q: Can You Appeal a Denied Workers’ Comp Claim in Baton Rouge?

A: You can appeal a denied workers’ comp claim in Baton Rouge. In Louisiana, you must request a hearing before a judge who deals with workers’ compensation claims. To do this, you must file a Disputed Claim for Compensation with the Louisiana Office of Workers’ Compensation Administration along with any evidence you have, like medical records. The appeals process also has deadlines, just like with the initial application.

Q: Can You Get Fired for Challenging a Denied Workers’ Comp Claim in Louisiana?

A: You cannot get fired for challenging a denied workers’ comp claim. This is considered retaliation and is illegal under Louisiana law. If a worker is fired during the process of filing a claim or appealing it, it could be considered wrongful termination. However, these cases can be difficult to prove, so it is recommended to consult with an attorney first to determine whether legal action is a valid option.

Q: Can You Receive Benefits While Appealing a Denied Workers’ Comp Claim in Louisiana?

A: You usually cannot receive benefits while appealing a denied workers’ comp claim. If the claim was denied but approved later, then the insurance company might have to pay you extra for the backdated benefits, depending on the reason why your claim was rejected. In the meantime, a worker might have to rely on their own savings or short-term disability benefits. Working with an attorney can help speed up the process of negotiation and payment.

Contact Our Baton Rouge Denied Workers’ Compensation Claims Lawyer

Just because your workers’ comp claim gets denied doesn’t mean you’re out of options. Louisiana law allows for workers to appeal wrongful denials. By finding support from legal professionals, workers can receive support to move forward with their lives. Schedule a consultation with Dampf Thames LLC to help challenge a denial.