Workers’ Compensation Attorney in Metairie, LA

Challenges Faced by Workers in Workers’ Compensation Claims

Workers navigating the Louisiana workers’ compensation system may face various hurdles from employers. Some employers may dispute the severity of the injury or argue that the incident did not occur during employment. 

Instances may occur where employers delay the reporting process or fail to file necessary documents, which can result in delayed benefits for the injured worker. Misclassifying employees as independent contractors is another tactic that can affect a worker’s eligibility for compensation. 

Aggressive tactics by employers or their insurance providers to minimize or deny claims can add to the stress and hardship of recovering workers. In such situations, legal representation by our experienced attorney at The Law Office of Ivan J. Thompson can be crucial in protecting workers’ rights and ensuring just compensation.

Workers’ compensation claims may be denied in many ways, including:

• Non-compliance with reporting deadlines: Failure to report the injury or illness within the stipulated time frame of Louisiana law.
• Discrepancies in the accident report: Inconsistencies or lack of details in the employee’s account of the incident and the injury sustained.
• Disputed work-related injury: The employer or insurer may challenge the claim if they believe the injury did not occur in the workplace or during work hours.
• Lack of medical evidence: Insufficient medical documentation to substantiate the injury or its severity.
• Alcohol or drug influence: Evidence suggesting that the injury resulted from the influence of alcohol or illegal drugs.
• Independent contractor classification: Workers are incorrectly classified as independent contractors rather than employees, which could affect coverage eligibility.
• Prior medical conditions: Pre-existing conditions that the insurer may argue are responsible for the injury, not the workplace accident.
• Failure to seek medical treatment: If the injured worker does not seek timely medical treatment or does not follow prescribed medical advice, this can lead to a claim denial.