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February 28th, 2019
Most employers are required to provide workers’ compensation coverage to their employees in the event of a work-related injury or illness. Unfortunately, for many Louisianians injured on the job, it’s not as simple as filing a claim and getting compensation to help pay medical bills and support their families. Valid workers’ compensation claims are often denied, leaving hard-working people like you wondering how they will pay their bills.
If you or a loved one suffered a work-related injury or illness and your workers’ compensation claim was denied, don’t give up—you have the right to appeal the denial. Read below to learn more about the three possible steps you may take to appeal your Louisiana workers’ comp claim denial.
Mediation is a process where an attorney works with both parties to agree on a solution. When it comes to workers’ compensation appeals in Louisiana, both parties must agree to take this step. This explains why the process is referred to as voluntary mediation.
The voluntary mediation process is informal and takes place outside of a courtroom. If no resolution is reached, you still have options.
If your employer does not agree to mediation, or if you failed to reach a resolution, you still may be able to get the benefits you deserve. After filling out the proper state paperwork, you will be granted a workers’ compensation court hearing. Like voluntary mediation, this step allows both sides to tell their story. However, a hearing is presided over by a judge rather than an attorney, and takes place in a courtroom setting.
After both sides state their case, the judge will decide the case and issue a decision within 30 days.
If your benefits are denied at the hearing level, you can appeal that denial, too. However, unlike previous steps that involve the State of Louisiana, further appeals are decided at the federal level by the Circuit Appellate Court.
Getting the Louisiana workers’ compensation benefits you deserve isn’t always a straightforward process. From ensuring you fill out claims paperwork accurately and completely to dealing with your employer and their insurance company, Dudley DeBosier is here to answer your questions and fight for your benefits.
We offer free, no-obligation consultations, and we don’t charge for our services unless you get money for your claim—that’s our No Fee Guarantee®. Call or contact us online to get started now.