Denied Workers' Compensation Claim Attorney in Metairie, LA
If your workers' comp claim was denied, don't give up. We help Louisiana workers fight back and get the benefits they deserve.
A denied claim doesn't mean you're out of options. Whether your employer disputes your injury, the insurance company says your claim is invalid, or you missed a form deadline, there's often a way forward. At The Law Office of Bruce C. Betzer, we help injured workers in Metairie, New Orleans, and throughout Southeast Louisiana appeal denied claims and recover the support they're entitled to.
Why Workers' Comp Claims Get Denied
01.
Lack of Medical Evidence
Your claim may be denied if your paperwork doesn't show a clear connection between your job and your injury. We work with your doctors to build solid documentation.
Tip: Always report your injury early and follow all medical advice.
If your claim was denied for lack of evidence, we can help you fill in the gaps.
02.
Missed Reporting Deadlines
You must report workplace injuries quickly and file the proper paperwork on time. We help you understand what deadlines apply and how to fix common errors.
Tip: You usually have 30 days to report your injury. The sooner, the better.
Don't miss your chance to appeal. Call our office today.
03.
Employer or Insurer Disputes
Sometimes employers dispute that an injury happened at work. Other times, insurers argue the injury isn't serious. We challenge unfair denials and fight to prove your case.
Tip: Keep copies of all communication with your employer and doctors.
If your employer is pushing back, get a lawyer who'll push harder.
What's Typically Covered
Denied claims often involve:
- Back & neck injuries
- Repetitive motion injuries
- Slips, trips, or falls at work
- Aggravation of preexisting conditions
- Mental stress claims (in limited cases)
We review your injury, your job duties, and your medical records to make your case appeal-ready.
Who Can Be Held Liable
Workers' comp doesn't require proving fault, but when a claim is denied, it's often due to pushback from:
- Your employer
- The insurance carrier
- A third-party administrator
We hold these entities accountable to Louisiana law and ensure your appeal is heard.
Appealing a Denied Workers' Compensation Claim
Filing a Disputed Claim for Compensation
If your claim is denied, you can file a Disputed Claim for Compensation (Form 1008) with the Louisiana Workforce Commission. We prepare and file this for you.
Hearing Before a Workers' Comp Judge
Your case may go to a hearing. We'll represent you throughout the process-from collecting evidence to arguing before the judge.
Medical Treatment Disputes
If treatment was denied, we can help request an independent medical exam or medical review appeal.
Basic Elements of a Valid Workers' Comp Appeal
We must show:
- Your injury occurred during the course of employment
- You gave proper notice to your employer
- You followed appropriate medical procedures
- The denial was legally improper or unjustified
Damages in Denied Claims
Once successful, you may recover:
- Back pay for missed benefits
- Coverage for medical treatment
- Wage replacement (Temporary Total Disability or Supplemental Earnings Benefits)
- Vocational rehab if you can't return to the same job
FAQ
Can I appeal if my claim was denied because of a preexisting condition?
Yes. If work aggravated your condition, you may still qualify for benefits. We help prove the work-related connection.
What if I didn't report my injury right away?
You still may have options. We'll review the circumstances and look for exceptions.
How long do I have to file an appeal?
You generally have one year from the date of injury to file a disputed claim. Don't wait-deadlines are strict.
Can I afford a lawyer?
Yes. We take workers' comp appeals on contingency, meaning you pay nothing upfront and nothing unless we win.
What if my employer says I wasn't really hurt at work?
We gather witness statements, medical evidence, and workplace reports to build your case.
Don't Let a Denied Workers' Comp Claim Stop You
Many Louisiana workers give up after an initial denial-don't be one of them. We know the system, the appeals process, and how to fight for the benefits you've earned.
Call today for a free consultation with a Metairie workers' comp lawyer.