Think Getting Workers’ Compensation Benefits in Louisiana is a Piece of Cake? 6 Potential Challenges to Obtaining Louisiana Workers’ Compensation Benefits
One thing is for certain: when it comes to obtaining workers’ compensation benefits in Louisiana, it can be hard to know exactly what to do and where to go to get critical information about the process, how to file, and how to ultimately get benefits. Indeed, some injured Louisiana workers may believe that all they need to do is report their injury and file a workers’ compensation claim in order to be granted Louisiana workers’ compensation benefits. However, the truth of the matter is that workers’ compensation benefits claims can be denied for a number of reasons. To help injured workers in Louisiana better understand what challenges they may face when filing a workers’ compensation claim, we discuss six obstacles to Louisiana workers’ compensation benefits that injured Louisiana workers need to know about in this article.
Challenge #1: Adhering to Deadlines
There are certain important deadlines for reporting and filing a workers’ compensation claim in Louisiana. An injured worker’s failure to adhere to these deadlines may result in workers’ compensation benefits being denied. Consulting with an experienced Louisiana workers’ compensation lawyer as soon as possible after a serious workplace accident occurs can help ensure that you do not run afoul of any deadlines set by law.
Challenge #2: Proving a “Work-Related Injury”
Secondly, an injured worker in Louisiana must prove that their injury was “work-related” in order to be granted benefits. An injured worker must provide medical records that document the injury and that connect the injury to a workplace accident or incident.
Challenge #3: Dealing with Pre-Existing Conditions
If an injured worker suffered from a pre-existing condition, the worker must prove that the workplace accident made the pre-existing condition worse. Of course, detailed medical documentation is critical evidence that must be provided.
Challenge #4: Dealing with the Employer or the Employer’s Insurance Company
Many employers are not all-too eager to accept workers’ compensation claims and may dispute them. In addition, the employer’s workers’ compensation insurance company may argue that the injury is not severe enough or that it wasn’t work-related in order to deny benefits.
Challenge #5: Filling Out Forms and Submitting Documents
Filing a workers’ compensation claim involves filling out complex paperwork and forms accurately and with detail, and failure to do so can delay a claim or it might be denied outright.
Challenge #6: The Independent Medical Examination (IME)
In some cases, an Independent Medical Examination (IME) may be ordered and workers must be prepared to undergo the examination. A “bad” IME can derail a workers’ compensation claim, and IME doctors are typically not on the workers’ side.
Legal Help with Your Louisiana Workers’ Compensation Claim
If you were injured on the job in Louisiana and you need legal help obtaining Louisiana workers’ compensation benefits do not delay. Contact the experienced Louisiana workers’ compensation lawyers at the law firm Lunsford Baskin & Priebe, PLLC. Contact Lunsford, Baskin & Priebe, PLLC today and speak to a lawyer about your case now.
