Was Your Louisiana Workers’ Compensation Claim Denied on the Basis of “Pre-Existing Condition”? Here’s What You Need to Know
When a worker is seriously injured on the job in Louisiana, he or she may initially think that their employer “has their back” and it will be a smooth and seamless path obtaining important Louisiana workers’ compensation benefits to help them financially while they heal from their workplace injuries so that they can get back to work. Unfortunately, the truth of the matter is that it is not rare that an employer or an employer’s workers’ compensation insurance company will deny or dispute a workers’ compensation claim, and there are a number of reasons that can be used to ultimately deny the worker’s Louisiana workers’ compensation benefits claim. One of the reasons that an employer or an employer’s workers’ compensation benefits insurance company may use to dispute a workers’ compensation benefits claim in Louisiana is that the alleged workplace injury is, in fact, a pre-existing condition unrelated to a workplace injury. But what exactly does this mean and what can an injured worker do if they are denied workers’ compensation benefits in Louisiana? To help injured Louisiana workers better understand the complex Louisiana workers’ compensation benefits claims process, we answer those questions here.
“Pre-Existing Conditions” in Louisiana Workers’ Compensation Cases
In order for a workers’ compensation benefits claim to be granted in Louisiana, the worker’s injury must, critically, be work-related. If an alleged injury is not work-related in nature, the worker’s workers’ compensation benefits claim can be denied. Accordingly, workers’ compensation benefits claims can be denied in Louisiana if they are related to a pre-existing condition that was not exacerbated or aggravated by work-related activities. In sum, an employer or an employer’s workers’ compensation insurance company may deny a workers’ compensation benefits claim on the basis that the alleged workplace injury was, in fact, not work-related, but actually a pre-existing condition.
What Can Injured Louisiana Workers Do if They are Denied Workers’ Compensation Benefits?
If an injured Louisiana worker was denied workers’ compensation benefits due to a pre-existing condition, or for any other reason, it is important to note that the worker has rights and options to appeal the denial of workers’ compensation benefits. One of the ways that an injured worker can increase their chances of being granted benefits on appeal is to work with an experienced Louisiana workers’ compensation lawyer on their appeal. The experienced Louisiana workers’ compensation lawyers at the law firm Lunsford Baskin & Priebe, PLLC, help injured Louisiana workers get workers’ compensation benefits due to them, even when an employer or the employers’ workers’ compensation insurance company has initially denied the claim. Of course, in order to find out more about your rights and options in your specific case for workers’ compensation benefits in Louisiana, it is best to speak with an experienced Louisiana workers’ compensation lawyer as soon as possible.
If you were injured in a workplace accident and you need help with your Louisiana workers’ compensation benefits claim, contact the experienced Louisiana workers’ compensation lawyers at Lunsford Baskin & Priebe, PLLC. Call Lunsford Baskin & Priebe, PLLC today and speak to an experienced lawyer about your rights and options now.
