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.
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