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How may an employer try to deny a workers’ compensation claim?

On Behalf of | Mar 26, 2021 | Workers' Compensation

A job-related injury or medical condition may leave you debilitated, which means you may file a claim for workers’ compensation. In some cases, employers may attempt to deny benefits by alleging an employee’s actions violated a company policy, as reported by U.S. News and World Report.

Some reasons companies provide to prevent employees from filing for workers’ comp include fighting or drinking. Your employer may offer a coworker’s testimony that you started a fight or came to work intoxicated. Louisiana’s labor laws, however, do not require proof that a workplace accident was not your fault.

How may an employer attempt to avoid responsibility for medical expenses?

When an accident occurs, you may need immediate medical attention, even if you find it unaffordable. Your employer may attempt to steer you to a hospital or physician designated as a “company” provider. Under Louisiana’s Title 23 Section 1121, you may instead see the doctor of your choice.

An insurance investigator may review your case to verify that your injury or medical condition has a direct connection to a workplace accident or job-related task. Your application may require submitting copies of your medical records, x-rays or prescriptions. They could help counter an employer’s allegations that your injury occurred because of a pre-existing condition or circumstances not related to your job.

What medical conditions might an employer attempt to claim occurred at home?

Common work-related conditions include stress from repetitive motions, muscle sprains or back pain. Without an on-the-job accident report, an employer may attempt to claim one of these conditions relates to your off-work time.

If an accident occurs at work or an injury results from carrying out a job task, you have a right to file a claim for workers’ comp. You may also provide evidence to counter an employer’s allegation that an injury or medical issue is not work-related.

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