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When can an employer challenge a workers’ compensation claim?

On Behalf of | Feb 8, 2019 | Uncategorized

As an employer, dealing with a workers’ compensation claim can lead to many negative consequences, including increased insurance premiums. There can be times when a claim for workers’ compensation is invalid, so it is important to consider every claim that is made against you.

Claiming workers’ compensation is incentivizing for employees, because they are able to reclaim all medical bills and a portion of the lost wages that they suffered as a result of taking unpaid leave for recovery. There are many reasons why a person might make a wrongful claim in the state of Louisiana. The following are some of the most common grounds for an employer to challenge a workers’ compensation claim.

The injury was not caused by employment

Sometimes it can be difficult to pinpoint the exact cause of an injury. For example, when someone complains of a back injury, they may decide to blame it on their workplace conditions, disregarding the fact that they lift heavy weights in the gym. It is important to be critical of such claims and seek to find the most probable cause of an injury.

The injury was exaggerated

Many workers have also been known to over-exaggerate an injury that occurred at work so that they receive additional compensation. Seeking information from the medical professionals involved will help you to assess the reality of the injury.

The injury was intentional

Unfortunately, fraudulent workers’ compensation claims can sometimes be caused by workers who intentionally injure themselves. Pursuing an investigation into the circumstances surrounding the injury can help you to understand whether such an incident was intentionally caused.

The claim passed the time limit

In the state of Louisiana, the statute of limitations for workers’ compensation claims is one to three years after the injury occurred. However, all workers must have notified their employer of their injury within 30 days of the injury occurring, otherwise they will not be able to make a workers’ compensation claim.

If you are a Louisiana employer and you want to challenge a workers’ compensation claim, it is vital that you conduct through research so that you understand all aspects of the law before taking action.