If you have an occupational disease or experienced an injury related to your maritime work and subsequently become disabled, you may have chosen to file a claim for assistance under the Longshore and Harbor Workers’ Compensation Act. This claim may be for medical treatment, lost wage benefits or both. It is important for you to know that every claim made is initially accepted. Knowing what to do if you are denied benefits is important.
Paperwork problems may contribute to a denial of benefits
As explained by the United States Department of Labor, one reason that some claims for LHWC benefits may be denied is because some of the necessary documentation may not have been provided. Required documentation may include reports from your doctor, medical test or other records, statements showing your wages, or more. If you wish to have your denial reviewed, you should contact the Longshore Claims Examiner and ask if any additional documentation is needed.
Additional appeal options
If you have supplied additional supporting information to the Longshore Claims Examiner and still been told that you will not receive workers’ compensation benefits, you may request a hearing in front of an Administrative Law Judge. You are legally able to do this and should feel free to do so without concern that your employer may take negative action against you as doing so would be illegal.
This information is not intended to provide legal advice but is instead meant to provide residents in Louisiana and neighboring states an overview of how they may appeal a denied claim for workers’ compensation under the Longshore and Harbor Workers’ Compensation Act.