What is the Process for Disputing a Claim in Court?

An important item to focus on is making sure your workers compensation claim is running smoothly if you are disputing a claim in court. Attorney Robert Martina want to make sure that the claimant gets all the benefits they’re entitled to, be that indemnity benefits or medical benefits. There are many bumps in the road that can hinder a claim from running smoothly. It’s important to hire a lawyer who knows when to take the claim to the workers compensation courts. In Louisiana you can file a 1008 dispute claim amongst other procedures. Find out more in this video. To consult with an attorney call (337) 984-8020.

Video Transcription:

Well, like I said earlier, you want to get the workers compensation claim running smoothly. Make sure that the claimant, or my client gets all their benefits they’re entitled to, which is indemnity benefits, medical benefits. You want to keep the claim running smoothly, but a lot of times the worker’s comp insurance carrier disputes the claim, or the employer disputes the claim, or benefits aren’t started, or the claim is not running smoothly, or there’s unreasonable claim handling. If any of that applies then there’s a procedure. The workers compensation courts, you can file a claim in Louisiana, it’s called a 1008 disputed claim and you can pursue that claim in court and you have your day in court with the judge. But it’s time-consuming but there’ll be hearings. There’ll be preliminary conferences, sometimes depositions, regular litigation. But in the end, if the dispute is not resolved then you can go to trial in a workers compensation court, and in Lafayette where we are there’s three workers compensation judges in district 4. Which is in downtown Lafayette, and I’m down there quite a bit. For more information on workers compensation claims go to GallowayJefcoat.com


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The law firm of Galloway Jefcoat, LLP is located in Lafayette, Louisiana, serving the communities of the Acadiana Region, including Rayne, Crowley, and Abbeville. Our attorneys represent residents in Jennings, Church Point, and Breaux Bridge, with successful verdicts and settlements for those in Maurice, Broussard and Youngsville. With office locations in Lafayette and Lake Charles, we assist Sulphur, Calcasieu, and Carencro residents. New Iberia, St. Martinville, and Jeanerette residents can depend on our lawyers for quality representation. Our services also reach Scott, Opelousas, and Franklin, LA. Since 1996, our firm has turned wrongs into rights for individuals and families in Lafayette Parish, St. Martin Parish, St. Landry Parish, and Vermillion Parish in addition to Acadia Parish, Iberia Parish, Jefferson Davis Parish, and Evangeline Parish.

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