Worker’s Compensation

If You’re Denied Medical Treatment Under Workers’ Compensation

Chris Oct 22, 2018

Workers’ compensation law makes sure that you are well-protected in the workplace, especially if your line of work is more hazardous than the rest. These include maritime workers, seamen, and plant and refinery workers. Injured workers are normally covered by workers’ compensation, as long as it’s classified and proven as a workplace injury. In addition, workers’ compensation law outlines many things that an injured worker can be compensated for.

However, there are some situations that can lead to a denial of benefits. Not all claims are outright accepted and approved. Denial of medical treatment can sometimes occur. In these cases, you must take the proper steps in order for you to get your claim.

Dealing with Workplace Compensation Benefit Denial

Unfortunately, the denial of benefits that come with workers’ compensation insurance can sometimes occur. There are several ways this can happen. Here are some of the most common reasons:

The injury or the case was reported late

There is a given span of time by which an injured worker may report the injury. If it goes past that date, then you may get your workers’ comp benefits denied. Make sure that you need to report the injury to your supervisor as soon as possible in order to prevent disputes.

There is a dispute with the injury claim

If your employer disputes your claim as to how or why the injury happened, you may also get your workers’ comp benefits denied. Reasons an employer can use to dispute your claim can include the injury having occurred outside of the workplace, workplace negligence or incompetence.

If Your Workers’ Compensation Benefit is Denied

  • Consult with your employer and the insurer: Speak first with your employer. Denials sometimes are a result of misunderstandings, and you should determine if this is the case in order to avoid a long legal process.
  • Request mediation: If your employer does not resolve the problem, you can seek mediation through the Office of Workers’ Compensation Programs. This step also aims to settle the argument to prevent a legal process.
  • File a Disputed Claim for Denial: Finally, you can file a Disputed Claim for Denial at the Workers’ Compensation office if the mediation does not result in a satisfactory conclusion. Workers’ compensation attorneys are trained to handle these cases, and he or she will make sure you get what is rightfully part of your claim. Take note that the employer may also file a claim to counter this.
  • Prepare any necessary documents and evidence: You must show all required documentation and evidence in order to strengthen your claim. Make sure you gather these documents to ease the process of giving you your rightful medical compensation.

Contact the Schwartz Law Firm for Workers’ Comp Disputes

Many workers are still not aware of the extent of their rights when it comes to compensation and benefits. If your workers’ compensation benefit claim gets denied, it’s best to consult with an experienced workers’ compensation attorney right away. Call the Schwartz Law Firm’s Louisiana workers’ compensation attorneys at 504-837-2263 for a free initial consultation.

About Author: Chris

Legal Support and Marketing Director

Schwartz Law Firm was founded by Christopher Schwartz in 1997. After obtaining his MBA and law degrees, Christopher Schwartz served as a Workers Compensation claims adjuster. This experience gave him a view of the system from the inside and inspired him to begin his own practice. Christopher Schwartz has successfully represented many injured employees in Longshore claims, Jones Act claims, and Personal Injury claims. He is a tough negotiator, whose track record includes multi-million dollar verdicts and settlements. Chris has also authored a book titled “The Road to Justice”. In his book, Chris outlines how he and his colleagues fight for public safety and what role his clients can play in winning their own personal injury cases. Chris is a native of New Orleans and has practiced law in Louisiana for 14 years. As a result, he understands local laws and feels a special loyalty to local people. He takes every case personally. Chris is available to represent clients anywhere in Louisiana and Maritime clients anywhere in the Gulf South. But he is also qualified to represent Defense Base Act clients anywhere in the world outside the U.S. He also focuses on auto accidents, semi-trailer accidents, 18-wheeler accidents and slip & fall accidents.