Can I Appeal If My Workers' Comp Claim Is Denied?
Posted On behalf of Simien & Simien on Mar 23, 2018 in Workers' Compensation
If you applied for workers' compensation benefits but were denied, you still have the right to file an appeal with Louisiana's Office of Workers' Compensation Administration (OWCA). If your appeal is successful, you should receive the compensation needed to cover medical bills, lost wages and lost earning capacity.
The Baton Rouge workers’ compensation attorneys of Simien & Simien explain the appeals process below. We are prepared to guide you through every step of the appeal process to help you obtain the compensation you deserve. Contact us for a free, no obligation legal consultation to find out how we can help you.
Filing an Appeal of a Workers’ Compensation Claim
If your Louisiana workers’ compensation claim is denied or you disagree with the type or amount of benefits you were awarded, you have the right to request a hearing to appeal the decision.
To request a hearing, you must file the Disputed Claim for Compensation form. Print out and complete the form then mail it to your workplace or your employer's workers’ compensation insurance company. You also need to make a copy and send it to the OWCA – the address is on the top left of the first page of the form.
Once the insurance company receives the form, it has 15 days to respond by filing an Answer document with the OWCA. Once this happens, your case will be assigned to the nearest district office and a hearing will be scheduled. You should expect to wait between six and nine months from the date you file your claim to have a hearing.
Deadlines for Workers' Compensation Appeals
There are various deadlines for filing an appeal, depending on the reason you are disputing the decision. For example, if you are disputing a decision about medical benefits, you must file a claim within one year of the accident date, or three years from the date you were last paid medical benefits, whichever date is later (Louisiana Revised Statutes 23:1209).
If you want to suspend the effect of a workers' compensation judge's decision, you must do so within 30 days of the decision. If you want to appeal a judgment but not suspend the effect of the judgment, you must file an appeal within 60 days of the decision.
Get Help with Your Workers’ Compensation Claim Appeal
The workers’ compensation appeals process can be lengthy and difficult. Working with a skilled attorney in Baton Rouge is wise to protect your rights and help ensure you follow all of the OWCA's requirements.
An attorney will assist you with filing your appeal, ensuring all needed documents are complete and submitted before deadlines pass. Your lawyer will also represent you at your appeal hearing to make sure your interests are protected. If your appeal is denied, an attorney may be able to take your case to a higher court to pursue the benefits you deserve.
Contact Simien & Simien Now
The Baton Rouge personal injury attorneys of Simien & Simien have years of experience helping injured workers pursue the benefits they deserve for work-related injuries and illnesses.
If your workers’ compensation claim was denied, contact us and learn what legal options are available for receiving compensation for medical bills and lost wages. We will assist you through the appeals process or file a lawsuit if appropriate.
We offer free, no obligation consultations so you may learn what options will help you recover the compensation you deserve. We work on a contingency fee basis, so you only pay legal fees if you recover compensation.