How To Win a Workers’ Compensation Case
To win a workers’ compensation case, you must abide by the process and rules established by the Louisiana Workforce Commission. This includes meeting the deadline to report your workplace injury to your employer, filing a claim with their insurance provider, and following your doctor’s orders. During the claims process, a judge may also ask you to undergo certain exams or procedures. You should comply with any such orders.
You don’t have to go through the workers’ comp claim process alone. You have a right to hire a Lafayette workers’ compensation attorney who can assist with your claim and protect your rights to benefits.
How to Increase Your Chances of Winning Your Workers’ Comp Case
While there is no surefire way to ensure the insurance company will approve your workers’ compensation case, there are some things you can do to improve the odds that you will receive fair compensation. Some of those things include:
Report Your Workplace Injury Within 30 Days
In Louisiana, injured workers have 30 days to report a workplace injury to their employer, according to the Louisiana Department of Insurance. Some work-related injuries or illnesses may take time to manifest symptoms, while others are immediately apparent. As soon as you know you were injured on the job, report it. This is the safest way to secure your right to seek workers’ compensation benefits.
File a Workers’ Compensation Claim
After reporting the injury, begin your workers’ compensation claim immediately. Your employer and attorney can assist you with this process.
Follow Your Doctor’s Orders
When you file a workers’ compensation claim, your employer’s insurer will require you to see an authorized physician to assess your injuries. It’s equally important to see a second physician of your choice, such as your primary care physician. This will give you a second opinion about the cause and severity of your workplace injuries, which can help you seek the benefits you deserve.
You should prioritize your medical treatment and follow your doctor’s orders. Any failure or delay may cause an insurer to question the severity of your injuries and undervalue or deny your claim. Try to attend all doctor’s appointments, for example. Additionally, report any developments with your injury, such as new symptoms or adverse reactions to medications.
These efforts will help you reach maximum medical recovery and support your workers’ compensation case. Your doctor will issue a disability or impairment rating that will affect the amount of benefits you can claim. They will also monitor your recovery process and determine when you can return to work and what tasks you can safely perform.
Follow a Judge’s Orders for an Independent Medical Examination (IME)
If the insurer’s authorized physician and your physician disagree, a judge overseeing your workers’ compensation case may ask you to undergo an independent medical examination (IME). An authorized physician conducts this medical exam when the insurer believes there is an issue with a doctor’s diagnosis and/or treatment. They will also review your current medical records.
You should comply with any orders from a workers’ compensation judge in your case, even if you are already receiving workers’ compensation benefits. Failure to do so could result in cancellation of your benefits.
Keep Copies of All of Your Case Documents and Medical Records
Another way to increase your chances of winning a workers’ compensation case is to keep track of documentation. Ask for copies of any documents your doctors submit to your employer’s insurer and your medical bills.
You can also keep track of your pay stubs and any other documents pertaining to your case. This can help your workers’ comp lawyer fight for the benefits you deserve.
Consider Hiring a Lawyer to Help You Win a Workers’ Compensation Case
The amount of paperwork and legal legwork involved in winning a workers’ compensation case can be overwhelming. Even a simple clerical error can cost you. If the insurance adjuster denies or undervalues your benefits, the workers’ compensation appeals process can be even more complicated.
However, you don’t have to go through the process alone. A workers’ compensation lawyer can handle your initial claim. After reviewing your case, they can advise you on which workers’ compensation benefits you deserve, such as:
- Temporary disability benefits
- Permanent disability benefits
- Death benefits
- Medical benefits
- Vocational rehabilitation
What If the Insurance Company Denies Your Workers’ Compensation Benefits?
If the insurance company denies or undervalues your workers’ compensation benefits, you can file an appeal. However, the process can be overwhelming and lengthy.
Thankfully, your workers’ comp attorney can help you navigate your appeal. They can guide you through the steps involved in appealing, such as filing a Disputed Claim for Compensation, Form LWC-WC 1008, through the Louisiana Workforce Commission. They can also help you submit supplemental documents, such as medical records, to support your initial claim.
What Does It Cost to Hire a Workers’ Compensation Lawyer?
Many personal injury lawyers who handle workers’ compensation claims operate on a contingency-fee basis. This means they do not charge hourly or upfront fees. They only take a percentage of your potential benefits at the end of your claim.
This allows you to secure legal representation to help you seek benefits without risking financial losses. You will also know your lawyer is working hard to help you win your workers’ compensation claim because when you win, they win.
At Laborde Earles, we work on a contingency-fee basis, and we want to guide you through the workers’ compensation claim process.
Laborde Earles Can Explain More About How to Win a Workers’ Compensation Case
You don’t want to take any chances when it comes to seeking the workers’ compensation benefits you deserve. Contact Laborde Earles to work with our legal team. We can discuss your compensation options in more detail during a free consultation.
