How can professionals protect themselves?

What steps do Louisiana workers need to take?

• Track every doctor visit, work restriction and prescription.
• Keep copies of wage statements and all workers’ comp forms.
• Follow your doctor’s treatment plan without gaps.
• Apply for SSDI as soon as your doctor confirms your injury will last at least a year.

Clearing confusion

Protect your benefits

Early treatment can keep injuries from becoming worse.

Your medical records can help you protect your rights.

Mistakes to avoid in your virtual disability hearing

• Failing to test your technology: It’s incredibly stressful to try to enter a virtual meeting only to find that your computer doesn’t have the proper software installed to allow you to enter the meeting. You especially don’t want this to happen when you’re trying to enter your disability hearing, as failing to test your technology could prevent you from presenting the evidence needed to support your case.
• Neglecting to prep your witnesses: The witnesses you call to testify on your behalf need to be ready to speak to your condition and how it impacts your ability to live a normal life, keeping in mind the specific requirements you have to show for your condition. So, talk to them about their testimony so that you know what they intend to say and how you can craft your questions to elicit the answers you want. Also, make sure they have the right technology and that they know what to expect form a virtual hearing. If you don’t, then their testimony may not be as compelling as you hope.
• Mishandling exhibits: You’re going to have documentary evidence to submit at your disability hearing. At the very least, this will include your medical records. But if you’re going into a virtual hearing, then you need to ensure that these records are submitted well ahead of time since you won’t have the opportunity to physically hand them to the administrative law judge during your hearing. So, be sure that you have the administrative law judge’s contact information so that you can send them your exhibits ahead of time. It’s also a good idea to confirm with them that they’ve received what you sent them prior to your hearing.

Fight to secure disability benefits in the age of virtual hearings

• Gather medical evidence: As mentioned above, one of the most common justifications for a disability claim denial is lack of medical evidence. So, be sure to gather all relevant medical documentation that speaks to your condition, its severity, and its impact on your ability to work.
• Review the disability bluebook: The government publishes a “blue book” that specifies the requirements that must be met for each qualifying medical condition before disability benefits will be granted. Therefore, each condition has unique requirements that must be met. By learning about the requirements applicable to your condition, you can better target your arguments on appeal.
• Attend any required examinations: As part of the claims process, you may be asked to attend an examination of your physical or mental health, depending on what condition you possess. By attending requested examinations, cooperating, and providing needed information, you’ll better ensure that the information needed to properly adjudicate your claim is provided.
• Prepare your testimony: There are various phases of a disability appeal, but at one of them you’ll have the opportunity to testify in front of an administrative law judge. You don’t want to walk in on the day of your hearing and make up your testimony as you go. Instead, you should outline it and practice it so that your testimony targets the legal requirements that must be shown to secure the benefits you need.
• Be prepared to answer questions: Although you’ll have an opportunity to tell your story through your testimony, and you should certainly prepare that testimony, you should also anticipate that the administrative law judge will ask you several questions during your appellate hearing. Do your best to anticipate these questions so that you can directly answer them in a way that speaks to the requirements that must be shown to secure disability benefits.
• Stay calm and respectful: We know that the disability claims process can be frustrating, but you don’t want to take it out on the individual reviewing your case, as that could have unintended consequences. So, if you feel yourself becoming upset, take a moment to breathe deeply and center yourself before proceeding.

Avoid missing an opportunity

Test your technology ahead of time

Giving testimony at a virtual hearing

Preparing your witnesses

Submitting and presenting your evidence

• Failure to report in a timely manner: When you’re injured on the job, you typically have 30 days to report your injuries to your employer. If you don’t do so, then you might be barred from seeking workers’ compensation benefits.
• Lack of evidence: You might think that saying you were injured on the job is sufficient to recover the financial support that you need from the workers’ compensation system, but that may not be the case. In most instances, claimants need some sort of corroborating evidence, whether from witness accounts or video of the incident. Be diligent in assessing what evidence you can present to support your claim.
• Pre-existing condition: The insurance company is going to try to scour your medical records to see if they can argue that your claimed injuries were in existence prior to the accident in question. If they’re successful in making that argument, then your claim will probably be denied. So, be aware of what existing medical conditions might be brought to light and how you can deflect the insurance company’s arguments about their lack of link to your workplace accident.
• The claimed injuries were suffered outside of work: Similarly, the insurance company could discover information that indicates that your injuries were caused by some event outside of work rather than your workplace accident. You’ll therefore need to find a way to directly link your injuries to the workplace accident.
• The injuries were a result of horseplay: Workers’ compensation will only cover your injuries if you were performing your job duties at the time you were hurt. So, if you were messing around with co-workers and were hurt as a result, then the insurance company is going to say that it shouldn’t be forced to pay for injuries that you brought on yourself.
• Out-of-network care: Workers’ compensation policies tend to have strict terms regarding where medical care can be received. If you seek out treatment from someone who isn’t covered by the policy, then workers’ compensation isn’t going to help you pay for your medical expenses. So, make sure you understand the terms of the policy so that you can seek care from a covered provider.

Know how to carefully and aggressively navigate your workers’ compensation claim

Common mistakes to avoid in your Social Security Disability case

• Inadequate medical records: When you submit your claim, you’ll want to ensure it’s supported by strong medical evidence that speaks to the disability requirements that are unique to your condition. If the medical evidence you submit is inadequate or otherwise incomplete, then your claim will be denied for failing to meet the identified requirements for your condition.
• Inadequate employment records: In order to qualify for disability benefits, you’ll also have to demonstrate that you have a sufficient work history. Paystubs and W-2s can be helpful here to demonstrate that you have the right amount of work history to support your claim.
• Delay: You should be awarded SSD benefits if your condition renders you unable to work and is expected to last at least a year or result in death. But if you wait to file your claim, then you might lose out on much needed benefits and your condition might improve to the point that you no longer meet certain requirements, which means your claim could be denied altogether. Or you might simply miss your filing deadline.
• Not following doctor recommendations: If you don’t follow your doctor’s recommendations for treatment, then you might not have the medical record you need to justify your disability claim. This could result in claim denial. Additionally, if the government needs more information about your condition to make a determination, it might ask for an independent evaluation. If you fail to abide by that request, then you’ll see your claim denied.
• Continuing to work: Remember, your disability claim is arguing that your medical condition is so severe that it prevents you from working. So, if you continue to force yourself to work full-time pending the outcome of your claim, then you’re bound to be denied the benefits you need.
• Failing to switch doctors: If your doctor doesn’t support your disability claim, then you should consider changing your medical provider. After all, you’re going to be hard-pressed to argue that you deserve disability benefits when your own doctor doesn’t agree with you.

Know how to competently navigate your disability claim

What is the law?

What if the providers deny my claim?

Workers' compensation in Louisiana: deadlines

Are there any exemptions from coverage?

• An employee who is working for the owner of a private residence.
• Musicians and performers who have signed a performance contract.
• Employees who fall under the Federal Employer's Liability Act, the Longshoremen's and Harbor Workers' Compensation Act or any extensions of the Jones Act.
• An employer who is acting as a common carrier while working with interstate or foreign commerce by railroad.
• Crop dusters.
• Board members of nonprofit organizations.
• Real estate brokers or salespeople.
• Landmen who explore, develop, produce or transport minerals.

What are the specific workers' compensation benefits in Louisiana?

Solid legal advice from a Louisiana workers' compensation attorney