Denied Workers’ Comp Medical Treatment?

Chris Sep 26, 2017

You Have A Right To Medical Coverage For Any Work Injury

Medical treatments may be denied for various reasons. Within the first 90 days, the employer or insurance company can also halt your medical benefits — even after they have started — if they find a reason to deny the underlying workers’ compensation claim.

It is important to get in touch with an attorney who fully understands workers’ compensation law and how to successfully appeal a denial of benefits. With offices in Baton Rouge and Metairie, Schwartz Law Firm LLC represents injured workers in New Orleans and statewide . Our experienced lawyers have a strong track record in workers’ comp appeals.

Talk to one of our lawyers today if your medical benefits are threatened or denied. It’s a FREE consultation.

Why Would Your Workers’ Comp Medical Treatment Be Denied?

  1. Your application for workers’ compensation benefits may be denied for technical reasons: missing information, submitted late or suspected of some inaccuracy. Such errors and oversights can be remedied, but you should speak with one of our lawyers to ensure that your issue can be fixed and that it is fixed efficiently.
  2. Your employer or the insurance company may state that you are not covered under the workers’ comp insurance plan. This is not true. All workers, even undocumented workers, are entitled to workers’ comp benefits.
  3. Insurance companies commonly deny specific treatments, such as surgery. They cannot deny “reasonable and necessary” treatment you require to recover your health.
  4. The doctor could determine that your injury is a pre-existing condition, that it was caused by a pre-existing condition not aggravated at work or that your injury was not related to your direct responsibilities at work. This often happens when employers tell injured employees that they must get treatment only from a doctor of the employer’s choice, which is not true.
    1. You have the right to choose your own physician.
  5. The insurance company could conclude that you have not been following your treatment plan closely enough or that you have not accurately reported your recovery progress.
  6. The insurance company could determine that you can return to work safely and that you no longer need full benefits or medical care at all.

Our Attorneys Will Help You Get The Benefits You Deserve

We represent injured workers from all industries throughout southeast Louisiana. Our attorneys have settled disputes statewide in the process required by the Louisiana Office of Workers’ Compensation Administration (OWCA).

If your injury is job-related, you are covered for all medical care pertaining to that injury, including lifetime treatment if the injury is permanent.

If you have been denied workers’ compensation benefits, we will help you gather all necessary documentation and evidence for your appeal. We will handle all legal aspects of your case and prepare you well for your day in court.

Get A Free Consultation With An Attorney

Please call our law firm at 504-837-2263 to schedule a consultation with one of our attorneys. We are available 24/7 by phone or you can contact us online. Get answers and honest representation for your secure possible result.

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.