When you’re injured on the job, workers’ compensation benefits are meant to provide the support you need to recover without the added stress of financial hardship. In Louisiana, the system is designed to cover medical treatment, lost wages, and disability benefits for employees who suffer work-related injuries or illnesses. However, even simple mistakes during the claims process can cause serious delays or even lead to a denial of benefits entirely.
At Wanko Workers’ Comp Lawyers, we’ve helped countless injured workers secure the benefits they deserve. Here are some of the most common errors we see that delay payments and complicate recovery and how you can avoid them.
1. Waiting Too Long to Report Your Injury
One of the most critical steps in the workers’ compensation process is reporting your injury to your employer as soon as possible. Under Louisiana law, you generally have 30 days to report your work-related injury or illness. Waiting longer could jeopardize your ability to collect benefits.
Many employees hesitate to report injuries because they hope the pain will go away or they fear retaliation. Unfortunately, delaying this step gives the insurance company reason to question the legitimacy or timing of the claim. Even if the injury seems minor at first, it’s better to report it right away and document the incident.
2. Failing to Seek Immediate Medical Treatment
Delays in getting medical care can raise red flags for insurance adjusters. They may argue that your injury isn’t serious, or worse, that it wasn’t caused by your job. Prompt medical attention not only protects your health but also creates a documented link between the injury and your work duties.
In Louisiana, you have the right to choose your own treating physician, but it’s important to inform your employer and follow any rules related to approved providers or referrals. Skipping appointments or not following prescribed treatment plans can also be used against you later in the claims process.
3. Incomplete or Inaccurate Claim Forms
Workers’ compensation paperwork can be detailed and sometimes confusing. Omitting key information or making errors, such as listing the wrong date of injury, failing to describe how the accident occurred, or forgetting to sign documents, can cause delays or denials.
The initial “First Report of Injury” and any subsequent forms must be filled out carefully and truthfully. Any inconsistencies between your report, your medical records, and your employer’s version of events could cause your claim to be flagged for investigation. It’s often wise to consult with an attorney before submitting paperwork to ensure everything is correct and complete.
4. Not Following Doctor’s Orders or Returning to Work Too Soon
Once you begin receiving medical treatment, following your doctor’s instructions is critical, not just for your recovery, but for your claim. If you ignore treatment recommendations, skip therapy sessions, or return to work before being cleared, the insurer may argue that you’re no longer entitled to benefits.
In some cases, the employer may offer light-duty work. If your doctor approves it and you refuse, your wage benefits may be reduced or cut off. It's important to understand your rights and obligations during this stage and communicate clearly with both your physician and employer.
5. Giving Recorded Statements Without Legal Advice
After you file a claim, the insurance adjuster may ask you for a recorded statement. While this may seem like a routine request, anything you say can be used to limit or deny your benefits. Insurers are trained to look for inconsistencies, unclear language, or admissions that can be twisted out of context.
You are not legally required to give a recorded statement without consulting a lawyer. Before you speak with the insurance company, especially on record, it’s best to get legal guidance to ensure your rights are protected.
6. Not Keeping Records and Documentation
Strong documentation is one of the best tools for protecting your claim. Keep copies of everything: medical records, work restrictions, written communication with your employer or insurer, accident reports, and wage statements.
If a dispute arises, such as whether your injury occurred at work or how much compensation you’re entitled to, well-organized records can make all the difference in resolving the issue quickly. Lack of documentation can lead to unnecessary delays and make it harder to prove your case.
7. Not Getting Legal Help Early On
While some workers’ compensation claims go smoothly, many involve disputes over benefits, delays in medical approval, or accusations that the injury wasn’t work-related. The sooner you involve an attorney, the better prepared you’ll be to respond to these challenges.
An experienced workers’ compensation lawyer can help you avoid mistakes, deal with uncooperative employers or insurance companies, and ensure your paperwork is complete and timely. They can also represent you at hearings if your claim is denied or delayed without valid reason.
Contact Wanko Workers’ Comp Lawyers for Help Navigating the Louisiana Workers’ Compensation System
With Wanko Workers’ Comp Lawyers, we know how difficult it can be to deal with an injury while also fighting for the benefits you’re owed. That’s why we’re here to guide you through the process, help you avoid costly missteps, and advocate for your rights every step of the way.
If your workers’ compensation claim has been delayed or if you want to make sure your claim is filed correctly from the start, contact us today. We’ll help you understand your options and take action to protect your benefits.
