My Employer Refused My Workers' Comp Claim. Now What?

Posted by Christopher “Chris” Schwartz | Oct 24, 2022 | 0 Comments

Would you believe that in 2020, even without factoring in COVID-related injuries and deaths, workplace accidents cost the U.S. $163.9 billion? Of course, any on-the-job accident will take a tremendous personal toll, too. Workers who sustain injuries might be temporarily or permanently disabled, experience debilitating pain, or fall into a depression over the financial troubles they suddenly face.

The last thing a hurt employee needs is to have their workers' compensation claim denied. Let's look at how you can succeed in getting the workers' comp payments you deserve, as easily and quickly as possible. 

When Your Employer Won't Work With You

Many workers' comp claimants face difficulties after filing a claim regarding their accident or injury. A few of the possible situations that could unfold include:

  • You find out that your company has been flouting the law by letting their workers' comp insurance lapse
  • Your employer falsifies the accident report
  • Company representatives lie outright about workplace conditions
  • The HR folks refuse to sign off on your claim
  • Your employer delays handling the paperwork, and the filing deadline elapses
  • You are fired or demoted as a result of getting injured
  • Your boss discriminates against you upon your return

Of course, these scenarios are even more troubling for employees who truly enjoy their job, respect their boss, and love the company they work for.

Do you have any recourse besides suing them? Yes, you do.

The Many Benefits of Working with an Attorney

Here at Schwartz Law, we have extensive experience handling the wide variety of workers' compensation cases. We've dealt with all kinds of businesses, in all kinds of industries—and as a result, we understand all the options that claimants have. Once we know you and your situation, we can advise you on the best path to take to ensure a successful claim.

First, we will help you understand your rights. Under the Louisiana Workers' Compensation Act, you are entitled to medical benefits and lost wage benefits—and it's illegal for your employer to withhold those. However, there are circumstances in which the standard benefits aren't applicable. Seasonal and agricultural workers, for example, may not be entitled to compensation after an injury on the job. Not all employment circumstances are straightforward, but we can help you make sense of yours.

Let Schwartz Law Help

Naturally, every workers' comp claim is different. The action we'll take on your behalf depends on your unique situation, but here are the most common:

  • Mediating with your boss on your behalf. Sometimes, all it takes to resolve a workers' comp problem is letting your employer know that you have secured legal assistance. When they hear from an attorney, they realize that you mean business, and they become amenable to settling your claim.
  • Filing appeal paperwork. People who aren't well-versed in the law may have difficulty filling out and filing all the necessary documentation. We can take care of that for you.
  • Taking the matter to trial. Many workers' comp conflicts do not go to trial. It's the last resort, but it's there if you need it. No matter what direction your claim eventually takes, we'll be beside you all the way to fight for your rights.

A workplace injury can dramatically impact you and your family—in most cases, for the worse. In addition to the physical pain and suffering, there's emotional strain, practical issues that must be addressed, and probably some difficult decisions to be made.

Don't add to your worries by trying to go it alone when dealing with your workers' compensation benefits. Let Schwartz Law Firm take over your burdens, so you can focus on your recovery and your family's well-being. To get started, contact us today!

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Schwartz Law Firm

Schwartz Law Firm LLC attorneys bring over 25 years of combined experience securing personal injury recoveries and workers’ compensation successes in New Orleans and southeast Louisiana.