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Injured at Work – But Your Doctor Doesn’t Agree

Posted by Liz Delsa | May 04, 2023 | 2 Comments

If you're injured on the job in Louisiana, you may be counting on workers' compensation benefits to pay for your medical care. If you're unable to work for an extended time, you may also be counting on workers' compensation benefits to cover your expenses while you're recovering.

All you need is for your doctor to confirm that your injury happened on the job and that it's as severe as you know it to be. And if they refuse? What happens if your doctor doesn't believe your injury was the result of a workplace accident, or doesn't believe you're hurt as badly as you know you are?

This is frustrating, but you're not out of options. Here are some things you can do to get the benefits you're entitled to under the law.

Report Your Injury and See a Doctor ASAP

The sooner you report your injury to your employer, the faster the workers' compensation wheels begin turning. It is important to report all injuries you feel you may have suffered from your accident and obtain a copy of the work incident report. This way, you can provide a copy of this report to your doctor and ensure all your injuries are addressed.

Time is of the essence in these situations – the longer the delay between the injury and your doctor's visit, the less serious your injury is likely to appear. The connection between your injury and your workplace may also become less clear. Any delay leaves the door open for your doctor to question both your injury and its cause.

Don't Take “No” for an Answer

If you're denied workers' compensation benefits because your doctor doesn't believe your injury was caused by a workplace accident or the extent of your injuries, you may want to seek a second opinion from another doctor.

It's important to remember your employer and their workers' compensation insurance company may have their own doctors they direct you to. Often times, these doctors are more focused on minimizing the severity of your injury and the costs associated with your claim. This is why choosing a doctor who will look out for your interests (and not the company) is so important.

Please note under the Louisiana Workers' Compensation Act, you are entitled to select one choice of treating physician in each field of specialty. After the initial choice, you need to obtain prior consent from the employer or its workers' compensation carrier to change to a different treating physician within that same field or specialty. The employer or its workers' compensation needs to be reasonable in refusal to consent to the change.

Contact Delsa Law Firm, LLC, for Help with Workers' Compensation Benefits

If you are having trouble obtaining the medical treatment and benefits you need, or your employer is refusing to authorize you to see your choice of physician (or switch to another physician), it is important you consult with a workers' compensation attorney as soon as possible to help navigate the process and advocate for your rights. Attorney Delsa has been helping hard-working people with similar issues for years obtain the benefits they are entitled to and deserve. So if you've been injured on the job in Louisiana and you've been denied workers' compensation benefits for any reason, contact workers' compensation attorney Ben Delsa and the Delsa Law Firm, LLC, today at (985) 882-1222 or online to set up a confidential consultation about your situation.

The Delsa Law Firm, LLC, is conveniently located at 34641 Grantham College Road in Slidell, near Interstates 10, 12, and 59.

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Clare MartinReply

Posted Feb 01, 2024 at 20:12:23

It’s good that you emphasized that it is important to see a doctor ASAP and report the injury to our employer to get the workers’ compensation claim processed right away. My friend worked for a moving company and got injured during one of his shifts, so he needs workers’ comp benefits to help pay for his medical bills soon. I’ll take note of this while I help him find an orthopedist in Brooklyn who can help with his claim soon.

Liz DelsaReply

Posted Feb 02, 2024 at 07:02:44

Thank you for taking the time to respond. We hope your friend finds an attorney to help him. Have a great day.

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