Workers’ Compensation Appeal
Workers’ Compensation Appeals Attorney serving all of Louisiana, including Covington, Mandeville and New Orleans
How to Appeal Your Denied Workers’ Compensation Claim:
If you recently received notice from your employer’s insurance carrier telling you your workers’ compensation claim has been delayed, underpaid, or denied, you’re probably feeling shocked and disheartened. Aside from the physical pain of your injury, not being fairly compensated is the worst thing that could have happened.
The workers’ compensation attorneys at Wanko Law Firm have been resolving claim disputes with insurance companies for over 10 years. As an advocate for injured workers’, we will fight to make sure you receive the benefits you so rightfully deserve.
For a free case evaluation of your workers’ compensation claim, please contact us (985) 893-6530.
The following are just some of the hardships you may be dealing with as a result of your claim denial:
• No wage benefits have been paid
• No medical treatment has been authorized
• Your checks are not the right amount
• Your check was improperly reduced or stopped
• You are denied medical treatment you need
• You are denied the opportunity to see the doctor you chose
• You are disabled and unable to work
• You have not received the vocational rehabilitation you’re entitled to
Filing An Appeal:
The first step when filing an appeal on your denied claim is to contact your employer’s insurance company and attempt to negotiate a settlement. If the insurance adjuster will not cooperate, we can contact the Office of Workers’ Compensation Administration (OWCA).
There, you will be provided a disputed claim form, LDOL-WC- 1008, to complete and return to the appropriate office. This will set the process in motion to have a trial before a Louisiana Workers’ Compensation Judge. It typically takes 9-12 months from the time that a disputed claim for compensation is filed until the case goes to trial.
Time Limits For Filing A Workers’ Comp Claim:
To receive benefits, you must file your claim with the Louisiana Office of Workers’ Compensation Court within the following time periods:
- Must be filed within one year of the date of the accident or within three years of the date that Workers’ Compensation medical benefits were last paid, whichever is later.
Income (indemnity) benefits
- If you have not been paid Louisiana Workers’ Compensation income (indemnity) benefits as a result of your current injury, a claim for income benefits must be filed within one year of the date of your accident.
- If you have been paid Louisiana Workers’ Compensation indemnity benefits due to your current injury, you must file a claim within one year of the date when you were last paid indemnity benefits. If you fail to adhere to the one year time restriction, your Temporary Total Disability, Permanent Partial Disability or Permanent Total Disability benefits will expire.
Supplemental Earnings Benefits
- If you have previously received Supplemental Earnings Benefits due to your current injury, your time limit for filing a disputed claim expires at the end of two years from the date through which you were last paid Supplemental Earnings Benefits.
Temporary Total Disability, Permanent Partial Disability or Permanent Total Disability benefits
- If you have previously received only Temporary Total Disability, Permanent Partial Disability or Permanent Total Disability benefits, your right to file a disputed claim expires at the end of three years from the date through which you were last paid one of those types of benefits.
The trial may be as brief as a few hours, or as long as two days. After the Judge’s decision is issued, either party may file an appeal with the Louisiana Appellate Courts.
If The Insurance Company Acts In Bad Faith, We Will Litigate:
In certain cases, we may seek additional compensation by filing a lawsuit against the insurance company for wrongful denial, nonpayment or delayed benefit payments due to bad faith or negligence. Examples of bad faith actions include:
- Disputing or delaying benefits without providing the injured worker a valid reason
- Forcing an injured worker to accept a low-ball offer
- Refusing to pay benefits or stopping pay for necessary medical care
- Holding back benefits even as you go through the appeals process and ultimately win your claim
If your employer’s insurance company has wrongfully denied you workers’ compensation benefits, you may be eligible to file an appeal for compensation. Contact Wanko Law Firm today (985) 893-6530 for a free consultation.