5 Ways to Jeopardize Your Workers’ Comp Claim in Louisiana
If you get hurt at work, you’ll probably be entitled to workers’ comp benefits. As long as you meet the criteria set forth in the Louisiana workers’ comp statute, you’ll receive medical care and replacement wages.
The following are the requirements to qualify for workers’ comp in Baton Rouge:
- Your injury took place while you were on the clock
- You were working within the scope of your employment
- You followed all company policies regarding workers’ comp
- You were treated by the company approved doctor
- You followed all your doctor’s recommendations
- You weren’t under the influence of drugs or alcohol at the time of your accident
These requirements are the same in most states. The purpose of workers’ comp insurance is to take are of people who are legitimately hurt on the job. As long as you were doing your job at the time of your injury, you should be eligible for workers’ comp.
Your workers’ compensation lawyer in Baton Rouge will work hard to make sure you receive your benefits. They’ll also do everything they can to get you the compensation you deserve for any permanent injuries. However, there are a few surefire ways to jeopardize your Louisiana workers’ comp claim. You’ll want to avoid these mistakes or you could end up losing your benefits.
Using Drugs or Alcohol on Company Time
If you are using drugs or alcohol while on the clock, your Louisiana workers’ comp claim will probably be denied. Employers are allowed to require you to take a drug test if you suffer a work-related injury. This is usually done immediately after the accident.
In order to be eligible for workers’ comp, you have to be treated by a company approved doctor. This doctor works on behalf of your employer. Your company will have the doctor administer a drug test when you go for treatment. If you test positive for drugs or alcohol, your employer will deny your claim.
You Don’t Report Your Accident
Technically, you have one (1) year to report your work accident. However, if you wait more than a few days to report your injuries, your employer will probably deny your claim. Employers require that you report your accident to Human Resources immediately. If you wait days or weeks to do this, your employer will assume that you were hurt some other way.
The other problem with not reporting your accident is you won’t receive the medical attention you need. Your employer will probably argue that your injuries worsened as a result of not getting immediate medical treatment.
You Refuse Medical Treatment
If you don’t seek immediate medical treatment or refuse treatment, your Louisiana workers’ comp claim will be denied. Your employer has a right to choose the doctor who will treat you. They’ll also demand that you be treated right away.
The whole point of workers’ comp is to help employees recover from their injuries so they can return to work. If you don’t get the medical care that you need, you won’t recover in a timely fashion. This can cost your employer money.
You Work Another Job While Receiving Benefits
Your Baton Rouge workers’ comp attorney will warn you not to get another job while you’re out on workers’ comp. You can’t collect workers’ comp benefits from one employer while you’re working for another.
Not only will this cause your benefits to be terminated, but you can also be pursued for insurance fraud. This is no different than collecting unemployment while collecting a paycheck from another company.
You Lie About How Your Accident Happened
One of the biggest mistakes you can make is lying about your accident. As long as you were doing your job when you got hurt, you should receive your workers’ comp benefits. Employers generally do want to take care of their employees. They need you back so you can do your job.
There’s no reason to lie about your work-related injuries. Your employer will find out the truth anyway. If you were hurt some other way, be honest about it. Your workers’ comp lawyer will not want to be blindsided halfway through your case.
Contact an Experienced Lawyer For Your Louisiana Workers’ Comp Claim
If you get hurt at work, you should be eligible for workers’ comp benefits. As long as you meet the criteria in Louisiana, you’ll receive medical care and replacement wages. Your workers’ comp attorney in Baton Rouge will make sure your Louisiana workers’ comp claim is handled properly from the start.
Call Babcock Trial Lawyers today and schedule your free initial consultation.