What Workers Need To Know About A Workers Compensation Claim

by | Nov 8, 2017 | Lawyers

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In Louisiana, workers have access to insurance claims that provide them with payments for their medical costs and around 60% of their wages while they recover from accident injuries. The worker’s compensation insurance policies are required by federal law for any employer who has multiple workers even if these workers are related to them. An attorney can assist workers who are denied these benefits after filing a Workers Compensation Claim.

Why are Most Claims Denied?

If the employer can find a loophole in the policy, they can avoid filing a claim and providing benefits to these workers since these claims can increase the insurance premiums that the company pays. The most standard loopholes involve a failure to follow the terms of certain safety policies such as drug or alcohol use or a failure to wear specific work attire. These loopholes can prevent the worker from accessing benefits and imply a comparative fault.

Can an Employer Refuse to File a Claim?

While it isn’t legal, the employer can identify safety policy violations committed by the worker and refuse to provide the worker with worker’s compensation forms to start a claim. However, the worker can acquire medical treatment on their own and use these records to file a claim against their employer.

Why Do Insurance Companies Deny the Insurance Claims?

The claim’s adjuster must assess the policy and determine if any terms within the policy can prevent the worker from receiving these benefits. If they discover a term that will lead to a denial of benefits, the claim’s adjuster can deny the claim, and the worker won’t receive any monetary benefits. However, they are required by law to give an exact reason for why the worker didn’t receive these benefits, and the worker is within their rights to file a lawsuit.

In Louisiana, worker’s compensation coverage provides assistance for workers who have sustained injuries on the job. The insurance provides them with replacement wages while they recover to lower the chances of a financial hardship, and the worker can receive these funds immediately following an approval. Workers who need more answers about a Workers Compensation Claim can visit chrisrichardattorney.com for more information now.