Is It Possible to Appeal a Workers’ Compensation Decision in Louisiana?

man in protective equipment at work

When injured on the job, you may think this is an unfortunate accident. Regardless of fault, you are entitled to receive compensation for the damages you’ve suffered. However, if you receive notice in the mail that your workers’ compensation claim has been denied or the funds are insufficient, you may not know how to proceed. Keep reading to learn how a Monroe, Louisiana work injury lawyer can help you appeal the decision and recover the funds you are entitled to.

What Is Workers’ Compensation?

Workers’ compensation is a type of insurance employers carry that helps cover employees who endure a work-related injury or illness while performing their duties.

These funds can be used to cover medical expenses, ongoing care needs, such as rehabilitation, and indemnity benefits. Indemnity benefits help cover a portion of the injured party’s income while they take time off to heal from the injuries they sustained. Additionally, you can receive disability benefits and funeral expenses in the event the worker passes away from the injury or illness they sustained.

In Louisiana, nearly all employees are required to have this coverage. The only exception to this is for businesses with employees with very niche job duties, such as members of airplane crews who spray or dust or those who work on private incorporated farms.

Can I Dispute a Decision?

Once you submit your claim, you may be surprised and disappointed to learn it was denied. This could be for a number of reasons, but ensuring you understand why the claim was refused can help you proceed. Most commonly, denials occur because of any of the following:

  • You did not file the claim on time
  • You did not notify your employer within the required time
  • You did not see an approved medical provider (assuming it was not an emergency)
  • You did not see a doctor
  • You were roughhousing or intoxicated at the time the incident occurred
  • You filed the form incorrectly
  • Your employer disputes the claim

Unfortunately, the most common issues are that your employer disputes the claim by alleging the injury happened outside of the scope of your job, such as on your break time, or that your injuries are a preexisting condition. Similarly, many make mistakes on their form that can lead to it’s denial.

If your claim is denied, you must understand that you can appeal the decision. However, this process can be complex, so it’s in your best interest to enlist the help of an experienced attorney to guide you through the appeals process.

When you need assistance, Breithaupt, DuBos, & Wolleson, LLC can assist you through this complex process. Our dedicated legal team understands that suffering an injury at work can flip your world upside down. As such, we are here to help you fight for the compensation you deserve.

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