If you suffer an injury at work, you may be able to receive workers’ compensation benefits for your medical expenses and lost wages. If your claim is unfairly rejected or you do not receive the benefits you qualify for, you may be able to appeal the decision in your case.
You can hire a New Orleans workers’ compensation lawyer to represent you, so you do not have to navigate the appeals process alone. Call Laborde Earles Injury Lawyers at
Who Qualifies for Workers’ Compensation
In theory, any employee who suffers injuries or contracts an illness due to their job should qualify to receive workers’ compensation benefits. This includes, but may not be limited to, workers who are:
Yet, many workers with legitimate claims are unfairly denied these benefits by employers and their insurance companies. Workers’ compensation benefits can make a big difference in an injured worker’s financial stability, and being rejected can be discouraging.
According to the Louisiana Workforce Commission (LAWorks), you can appeal the decision if you received a claim denial. Before you can do so, however, it is important to identify the reason your claim was denied.
For a free legal consultation with a workers' compensation lawyer serving New Orleans, call (504) 777-7777
Reasons for Workers’ Compensation Denials
There are several reasons an employer or workers’ compensation insurance company may deny a claim for benefits. The following are common examples:
- The employer disputes the nature of the injury. Your employer may claim that the injury did not occur due to work-related activities or that you intentionally caused the injury to yourself.
- The claim was filed late. There are certain deadlines you must abide by when seeking workers’ compensation benefits. This includes a deadline to report your injury and another to file your claim.
- There was not enough information in the claim. Incomplete paperwork can sometimes delay your approval for benefits. Other times, it can lead to an outright denial.
Determining why your claim was denied can help you build an appeal that supports your right to benefits. Unfortunately, the reason may not always be clear. A New Orleans workers’ compensation lawyer could investigate the claim denial for you and help you present evidence to dispute it.
Laborde Earles Injury Lawyers represents injured workers and helps them seek the benefits they need. Call
New Orleans Workers' Compensation Lawyer Near Me (504) 777-7777
How a Lawyer Can Help with a Workers’ Compensation Case
When you hire an attorney to handle your workers’ compensation appeal, they can perform a number of services on your behalf. For example, your lawyer can:
This evidence can include medical records showing the extent of your injuries and their connection to your job. It can also include witness testimony from your coworkers who witnessed the injury or an expert in your field concerning the physical demands of your job.
Calculate Fair Compensation
Your attorney can calculate fair compensation by taking into account the extent of your injuries, the medical treatment they required, and how they will affect your future ability to make a living. Then they will help you fight for this compensation.
Negotiate on Your Behalf
You do not have to negotiate with an employer or insurance company on your own. Your lawyer can negotiate on your behalf and make sure that the benefits you receive address your damages.
Types of Workers’ Compensation Benefits
The types of benefits your attorney may be able to help you recover fall into four main categories:
Medical Coverage for Workplace Injuries
Medical benefits help cover the cost of doctor visits, diagnostic tests, treatments, and any other medical expenses resulting from the occupational illness or injury. Note that certain procedures may not be covered, and some types of care, like physical therapy, may be limited to a certain number of visits.
Disability Benefits for Time Missed at Work
This coverage is here to help make up for some of your lost wages. Depending on the extent of the injury, a disability can be classified into one of four categories.
The first, temporary total, is for workers who are completely unable to work for a short period of time. They return to work once they are able to. A temporary partial disability has only partially disabled a worker, allowing them to work part-time while they heal.
The permanent total category consists of injuries that cannot be healed and prevent the worker from earning income in this same type of job in the future. Permanent partial means that an injury prevents a worker from earning as much income as they could before.
If you are unable to work in the same field, vocational rehabilitation can help you find a job in a new field. Psychological rehabilitation may also be available if the workplace injury caused trauma and mental anguish.
If a worker dies due to an injury on the job, death benefits can be paid out to the surviving spouse, children, and other dependents.
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Call for Your Free Consultation
If you want to learn more about how a New Orleans workers’ compensation lawyer can help you appeal a denial, contact our team. Laborde Earles Injury Lawyers offers complimentary consultations to injured workers, and we are ready to take your call.
There is no obligation to work with us after this initial case assessment, so you have nothing to lose. Call