Workers’ Compensation Denial

What To Do If Your Workers’ Compensation Claim is Denied

If you have been injured on the job, the first thing you consider is filing a workers’ compensation claim. However, there are many reasons why Workers’ Compensation claims are denied. If you have been denied, the first thing you need to do is determine the reason why. This should be explained in the denial letter. The most common reasons why you may have been denied may be that you did not meet the eligibility requirements, such as filing more than ten days after you have sustained an injury. However, if you believe the denial is an error, the best plan of action is to start looking for a worker’s compensation lawyer. Here are the most common reasons for workers’ compensation denial:

The injury was not reported in time: In Louisiana, you are required to file your workers’ compensation claim within ten days of your injury. However, certain injuries may not begin to produce pain or become a problem until months afterward.

Employer disputes claim: Your employer may claim that the accident happened outside of work, resulted in employee negligence, or another disqualifying reason.

The injury is not compensable: these type of injuries include stress, repetitive motion injuries, heart attack or stroke, intoxication, injuries en route to work, or a hernia.

No medical treatment: In most cases, you must obtain medical treatment to receive worker’s compensation benefits.

Insufficient Evidence: It’s not always clear whether an injury happened at work, but a proper and thorough medical exam and additional evidence may help your case.

When you are sure why your claim was denied, you may want to appeal the decision.  Here at McGinity Law Firm, we know that the costs of income and medical expenses are not all you have to deal with. You deserve the maximum compensation for your injury, and we will do everything in our power to make sure that you receive what you deserve.