What are common reasons why workers’ compensation claims are denied in Louisiana? You may face a denial for various reasons, including issues with where your injury occurred or issues with filing your claim on time.
A Lafayette workers’ compensation lawyer can help you avoid these issues, making it easier for you to secure compensation to cover your losses. Our team at Laborde Earles can also assist clients after a denial.
Find out more about your legal options by calling or filling out our online contact form.
Denials for Accidents that Happened Away from Work
The workers’ compensarion system commonly denies claims that involve accidents that happened off the job. Sometimes, employers and insurance companies try to claim that you were not at work to avoid paying compensation for your losses.
Witness testimony or videos from the scene of your accident can help establish the location of your accident.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientYou Waited Too Long to Notify Your Employer of the Accident
You must quickly inform your employer of your accident to qualify for workers’ comp coverage. If you wait too long, they may deny your claim and argue that your injury occurred outside of work.
We recommend notifying your employer before you leave work after an accident. Ensure they file an official accident report and ask for a copy of the document to establish the facts about your accident.
Waiting Too Long to File a Claim Can Also Result in a Denial
In addition to notifying your employer of your accident, you must file your official claim before time runs out. You may only have a year to meet the deadline to file a workers’ comp claim.
If you wait too long, the system can dismiss your claim automatically, preventing you from seeking compensation to cover your losses.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientYour Employer Claims You Were Intoxicated
In some cases, employers make false claims about their employees in an attempt to avoid paying compensation for on-the-job accidents. Some employers claim that your accident occurred because you used drugs or drank alcohol while working.
Your employer may request a drug or alcohol test after an accident. If the results show you were under the influence, you may lose your chance to secure compensation for your losses.
Other Activities Can Lead to a Claim Denial
You may only receive workers’ comp benefits if your injuries occurred as a result of approved work activities. For example, the workers’ comp system doesn’t have to cover injuries caused by roughhousing, fighting, or horseplay.
Additionally, the system may not provide damages for injuries caused by practical jokes.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientYou Failed to Seek Medical Treatment
You may face a denial for a workers’ comp claim if you failed to get medical treatment after your accident. It’s essential that you visit a medical professional promptly for care after an accident that left you with:
- A traumatic brain injury (TBI)
- Broken bones
- Internal injuries
- Burns
- Spinal cord injuries
Additionally, you may have to see a specific approved physician upon the request of your employer and the insurance company. Failure to adhere to this requirement could allow for the dismissal of your claim for compensation.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientYour Injury Came from a Pre-Existing Medical Condition
Workers’ comp claims only cover medical treatment for injuries or illnesses caused by your job. They cannot cover injuries caused by events outside your work, especially if your job didn’t worsen your condition.
Your employer may try to argue that your injury came from a pre-existing condition in an attempt to deny your compensation. You can discuss this situation with your workers’ comp lawyer.
What Can You do to Avoid a Workers’ Compensation Denial?
Our team at Laborde Earles understands the stress you may feel after an on-the-job accident. We can help you navigate the workers’ compensation process and handle any complications surrounding your claim.
We answer your questions and focus on providing evidence that backs up your claim, improving your odds of securing compensation to cover your losses. You can count on us to track deadlines and provide you with guidance backed by centuries of combined experience.
We have a reputation for successfully handling workers’ comp claims, recently bringing a client injured in a maritime accident $8,000,000.00 in damages. Find out more about our reputation by checking out our case results.
Speak to Us About Workers’ Compensation Claim Denials
What are common reasons why workers’ comp claims are denied? Failure to follow all rules or file a claim on time can lead to a denial. A workers’ comp lawyer in Lafayette from our team at Laborde Earles can assist you with a claim after an on-the-job accident, whether it involves workplace injuries or the difficult circumstances of a Workers’ Compensation Death.
Learn more about how we can assist you by calling or completing our online contact form.
