Appealing a Denied Workers' Comp Claim in Louisiana
The deadline to challenge a denied workers' comp claim in Louisiana, where to file, and the steps from hearing to appeal.
Short answer: When a bona fide dispute arises (for example, a denied claim), the worker or employer files a claim with the Office of Workers' Compensation Administration on its form; La. R.S. 23:1310(A); La. R.S. 23:1209(A); La. R.S. 23:1310.5(A)(2), (B)
| Deadline to challenge a denial | When a bona fide dispute arises (for example, a denied claim), the worker or employer files a claim with the Office of Workers' Compensation Administration on its form; the claim must generally be filed within one year after the accident, or within one year after the last compensation payment if payments were made. The workers' compensation judge's decision is final unless appealed to the circuit court of appeal: a suspensive appeal must be filed within 30 days and a devolutive appeal within 60 days, counted from the day after the judgment is signed or the notice of judgment is mailed, whichever is later. R.S. 23:1310: https://legis.la.gov/legis/Law.aspx?d=83485 ; R.S. 23:1209: https://legis.la.gov/legis/Law.aspx?d=83443 . Under R.S. 23:1310.5, the appeal goes to the circuit court of appeal. |
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| Appealing a denial | Disputed claims are decided by a workers' compensation judge in an OWCA district office, which may first hold mediation. A party unhappy with the judge's final decision may appeal to the state circuit court of appeal for the district chosen by the worker. The motion for appeal is filed with the OWCA district office. A suspensive appeal (which delays enforcement of the judgment) must be filed within 30 days and a devolutive appeal within 60 days, counted from the day after the judgment is signed or the notice of judgment is mailed, whichever is later. An employer appealing an award must post a bond. Medical Director decisions on treatment can be challenged by filing Form 1008 within 45 days after the decision is mailed. |
| Deadline to file a claim | A formal claim (Form LWC-WC 1008, Disputed Claim for Compensation) generally must be filed within one year after the accident or death, unless the parties have agreed on payments. If weekly benefits were paid, the deadline is one year after the last payment (three years after the last payment for supplemental earnings benefits). If the injury develops later, the deadline is one year from when it develops, but no later than three years after the accident. Medical benefit claims must be filed within one year after the accident, or within three years after the last medical payment if the employer paid medical bills. A claim mailed on or before the deadline is timely. OWCA states that occupational disease claims may be filed up to one year from when the worker knew of the disease, the related disability, or reasonably believed it was work-related, whichever is last. Source: La. R.S. 23:1209 |
Where to get help in Louisiana
More Louisiana workers' compensation
- Filing a Workers' Comp Claim in Louisiana
- How Much Workers' Comp Pays in Louisiana
- Workers' Comp Settlements in Louisiana
- Retaliation for Filing Workers' Comp in Louisiana
- Suing Over a Work Injury in Louisiana
- All Louisiana workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in Louisiana?
When a bona fide dispute arises (for example, a denied claim), the worker or employer files a claim with the Office of Workers' Compensation Administration on its form; the claim must generally be filed within one year after the accident, or within one year after the last compensation payment if payments were made. The workers' compensation judge's decision is final unless appealed to the circuit court of appeal: a suspensive appeal must be filed within 30 days and a devolutive appeal within 60 days, counted from the day after the judgment is signed or the notice of judgment is mailed, whichever is later.
How do you appeal a denied workers' comp claim in Louisiana?
Disputed claims are decided by a workers' compensation judge in an OWCA district office, which may first hold mediation. A party unhappy with the judge's final decision may appeal to the state circuit court of appeal for the district chosen by the worker. The motion for appeal is filed with the OWCA district office. A suspensive appeal (which delays enforcement of the judgment) must be filed within 30 days and a devolutive appeal within 60 days, counted from the day after the judgment is signed or the notice of judgment is mailed, whichever is later. An employer appealing an award must post a bond. Medical Director decisions on treatment can be challenged by filing Form 1008 within 45 days after the decision is mailed.
What is the deadline to file a workers' comp claim in Louisiana?
A formal claim (Form LWC-WC 1008, Disputed Claim for Compensation) generally must be filed within one year after the accident or death, unless the parties have agreed on payments. If weekly benefits were paid, the deadline is one year after the last payment (three years after the last payment for supplemental earnings benefits). If the injury develops later, the deadline is one year from when it develops, but no later than three years after the accident. Medical benefit claims must be filed within one year after the accident, or within three years after the last medical payment if the employer paid medical bills. A claim mailed on or before the deadline is timely.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.