Worker’s Compensation

Workers’ Compensation Claims Denied: Three Common Reasons Why

Chris Feb 27, 2019

Workers’ compensation is an important insurance policy that companies all throughout Louisiana provide for their employees at no additional cost to the employees. Workers’ compensation claims are filed every day of the year as employees suffer injuries or illnesses on the job. When an employee is injured or sickened on the job, he or she should not have to suffer financially because they will miss time at work. However, not all workers’ compensation claims will be approved with the initial application. Here are three reasons why workers’ compensation claims might get denied.

The Application Missed the Deadline

If you are injured on the job in Louisiana, there are deadlines you have to meet when reporting the injury to your employer and filing a claim for compensation. The law in Louisiana requires you to report an injury to your employer within 30 days. You then have between one and three years to file a claim for compensation. There is a time range for the filing of a claim due to injuries that might not develop immediately after an accident. If you missed the reporting date or the filing deadline, your application for workers’ compensation benefits will likely be denied.


Employer Claims You Were Responsible for Your Injuries

If your employer claims that you were responsible for your injuries or somehow played a role in the accident that led to your injuries, it’s very likely the workers’ compensation claim you filed will be denied. If you were under the influence of drugs or alcohol at the time of the workplace accident that left you injured, you are not entitled to workers’ compensation benefits. If you failed to follow company policy or ignored safety warnings and you were then injured in an incident, this could result in the claim being denied.

Failed to Seek Medical Attention

Every little bump or bruise suffered on the job does not require a visit to the doctor. But, if the injury you suffered is serious enough to warrant a claim for workers’ compensation benefits, you will be required to provide medical records. If you fail to seek medical attention after being injured or sickened on the job your claim will be denied. Not having medical records to support your injury claim can lead to your employer and their insurance company claiming that you faked the injury. This will not end well for you as it could lead to termination if you cannot prove them wrong. The company could also claim you are retaliating against them if you wind up being fired or laid off from your job and then file for workers’ compensation without medical evidence.

Schedule a Consultation with Schwartz Law Firm Today

Have you been injured or sickened on the job in Baton Rouge or New Orleans, Louisiana? Your health is important to your financial wellbeing. Make sure you report the incident to a supervisor or someone in human resources immediately. Then you must seek medical care so the injuries or illness can be properly documented. Call the Schwartz Law Firm in Baton Rouge at 225-766-6775 to schedule a consultation or complete the contact form online.

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.