New Orleans Workers’ Compensation Appeals Lawyer
We wish that every injured worker who applied for workers’ compensation benefits received them quickly. Unfortunately, that’s not the case. Instead, the insurers at the heart of the Louisiana workers’ comp system repeatedly deny even the most valid claims. They have all sorts of reasons for doing so, from claiming you were really injured outside work to alleging that your injuries aren’t that serious.
If you were denied benefits, the good news is that you have the right to an appeal. Please contact Lunsford Baskin & Priebe, PLLC today. Our New Orleans workers’ compensation appeals lawyer can meet with you to discuss your options and begin protecting your right to an appeal. It is possible to get the benefits you deserve.
The Workers’ Comp Appeals Process
Having your workers’ comp application rejected is frustrating, but it’s not the end of the road. You have a right to an appeal. In fact, you might have the right to multiple appeals.
When you submit an initial application, a Claims Examiner will review it. Once upon a time, they usually sided with workers. After all, workers’ compensation is a no-fault system, so it doesn’t matter if a worker negligently caused their own injuries—they still deserved benefits if they were hurt while working. Today, however, examiners routinely deny claims. And they sometimes have odd or speculative reasons for doing so.
Once your claim is denied, you can bring an appeal before an Administrative Law Judge. This is a salaried person and not a real state judge. But they listen to each side present evidence and then decide whether a worker deserves benefits. So in that sense they act like judges by deciding the case.
You can present evidence in support of your position that you deserve workers’ compensation. You might have coworkers testify as to the accident which injured you, and you can submit medical records and other information.
Because ALJs are independent, they often side with workers (unlike claims examiners). However, if you lose before the ALJ, you might have an additional right to appeal.
There are many reasons to hire an attorney. We can pinpoint the reason the insurer denied your claim and collect evidence in support of your position. You can be sure the insurance company will have an attorney preparing their case. To have a fighting chance, you need an experienced advocate to stand up and argue your case to the ALJ.
Experienced New Orleans Workers’ Compensation Appeals Lawyers
Many workers who receive benefits get them on appeal. There is never a reason to not at least consider filing an appeal. The playing field is much more level when appearing before an administrative law judge. And having an experienced attorney at Lunsford Basking & Priebe by your side is also an advantage.
To learn more, call us today. Our New Orleans workers’ compensation appeals lawyer can meet for a consultation. We never charge an upfront legal fee, so calling to schedule an appointment is without risk.
