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Baton Rouge Workers Compensation Attorney Discusses Claim Denials

According to the U.S. Bureau of Labor Statistics (BLS), there were 4,679 occupational fatalities in 2014. Fortunately, the majority of occupational injuries in the U.S. are nonfatal and treatable. A 2010 report from the BLS showed that over 46% of workplace injuries were categorized as sprains, strains and tears occurring in the back and shoulder. While these types of injuries may be less severe than a catastrophic injury, such as paralysis or limb loss, they can be very costly. Chronic back and neck pain caused by a work-related injury often requires long-term treatment and physical rehab and even surgeries. Sometimes the circumstances that lead to workers compensation claims are simply accidents. However, many work-related injuries are the result of accidents that could have been prevented with the implementation of corrective actions by the employer and proper safety standards.

When you suffer a workplace injury that was not your fault, Louisiana state law says that you are entitled to workers compensation benefits. Additionally, if your injury was caused by negligence of a co-worker or a company’s failure to fix dangerous conditions, you may be able to file a lawsuit to recover further damages. A Baton Rouge workers compensation attorney can help guide you through the processes for filing a claim and pursuing additional legal action against your employer if needed.

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Reasons For Denial of Workers Compensation

Although workers compensation if required by law for all Louisiana employers, with very few exceptions, in many cases injured workers face challenges when trying to receive their benefits. Companies and insurers deny workers comp for a variety of reasons and in some cases those denials are valid. But many workers who have legitimate injuries from on-the-job accidents are unable to get the medical care they need because the insurance company attempts to minimize the true impact and cost of their injury in order to limit the amount of coverage. Workplace injuries can run up high medical bills that are compounded by a lack of income when you cannot work. In fact, an injury analysis report from Travelers’ insurance company found that employees with strain and sprain injuries miss an average of 57 workdays.

Some of the factors that are given for workers compensation denials include alleged fraudulent claims, reporting the injury late, treatment by an unapproved doctor, lack of adequate documentation that the injury was directly related to work, pre-existing health conditions, and injuries that were caused by the worker not following safety protocols. Fraud is the top reason that insurers refute workers compensation. This happens when an employee claims that an injury happened at work but it actually took place when they were somewhere else. Workers are only covered when their injury occurs in the workplace. A workers comp denial may also be the result of the injury happening while the employee is traveling to or from work – these injuries are not compensated.

Hire A Baton Rouge Workers Compensation Attorney To Help

If you’re struggling to get workers comp coverage from your employer and the insurance company, a Baton Rouge workers compensation attorney with the Get Gordon team can provide a free consultation to review your work-related accident and help you determine your next steps. Gordon McKernan Injury Attorneys is experienced all aspects of personal injury law and has handled cases for injured workers who were hurt due to fires, plant explosions, illnesses caused by exposure to hazardous chemicals, head trauma from falling heavy tools and materials, collapsed scaffolding, equipment malfunctions, and other unsafe workplace situations. Our lawyers are skilled in representing workers who have suffered injuries on-the-job in all industries. Contact Gordon McKernan law firm in Baton Rouge at 225-888-8888 or see us at our office located at 5656 Hilton Avenue, Baton Rouge, LA 70808. We are available by phone anytime of the day or night so don’t wait to call us!


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