If you’ve been injured on the job, you may be entitled to workers’ compensation benefits to help cover your medical expenses, lost wages, and other damages. The workers’ compensation process, however, can be complex and overwhelming, especially when you’re trying to recover from an injury.
Our Alexandria personal injury lawyers have helped thousands of injured workers recover the benefits they need. With a proven track record of success and over $1 billion recovered on behalf of our clients, the Laborde Earles team is dedicated to protecting your rights.
Whether your claim has been denied, you’re not receiving the benefits you deserve, or you need help filing your claim, we’ll handle every detail of your case. Contact the Alexandria workers’ compensation lawyers at Laborde Earles today for a free consultation.
How Do I Know if I Need an Alexandria Workers’ Comp Attorney?
A workers’ compensation claim can be challenging, especially if you’re unfamiliar with the process. While some straightforward cases may not require legal representation, there are several situations where hiring an Alexandria workers’ compensation attorney is highly beneficial.
Here are key signs that you may need an attorney:
Your Claim Has Been Denied
Workers’ compensation claims can be denied for various reasons, including missed deadlines, insufficient evidence, or disputes over whether the injury is work-related. A denial doesn’t mean the end of your case.
A workers’ comp attorney can review the reasons for the denial, gather additional evidence, and file an appeal on your behalf.
Your Employer or Insurer Is Delaying Benefits
Delays in receiving workers’ compensation benefits can create significant financial strain, especially if you’re unable to work. If your employer or their insurance company is stalling, an attorney can step in to hold them accountable and push for the timely payment of your benefits.
You’re Unsure if You’re Receiving Full Compensation
Workers’ compensation should cover all medical expenses related to your injury, as well as a portion of your lost wages and other benefits. However, insurance companies may try to minimize payouts or deny certain treatments.
If you’re unsure whether you’re receiving the full compensation you’re entitled to, an attorney can help. They’ll evaluate your case, calculate the true value of your claim, and ensure you’re not being shortchanged.
Your Injuries Are Severe or Long-Term
If your workplace injury is severe or results in a long-term disability, the stakes for your claim are much higher. Calculating the value of future medical expenses, lost earning potential, and permanent disability benefits can be a tough task.
An experienced workers’ comp attorney in Alexandria can work with medical and financial experts to ensure you receive appropriate compensation for the long-term impact of your injuries.
Your Employer Disputes Your Claim
Employers and insurance companies may argue that your injury didn’t occur at work, wasn’t serious enough to warrant benefits, or was caused by your own negligence. If your claim is being challenged, it’s critical to have an attorney who can gather evidence, counter these arguments, and build a strong case in your favor.
You’re Facing Retaliation from Your Employer
In Louisiana, it’s illegal for your employer to retaliate against you for filing a workers’ compensation claim. Retaliation can include termination, demotion, reduced hours, or harassment.
If you’ve experienced any form of retaliation, a workers’ compensation lawyer can protect your rights and pursue additional legal action if necessary.
You’re Struggling with the Legal Process
The workers’ compensation system involves strict deadlines, complex paperwork, and legal jargon that can be overwhelming to navigate on your own. A lawyer can handle all aspects of your claim, from filing the initial paperwork to representing you in hearings or appeals, ensuring that no detail is overlooked.
How a Workers’ Comp Attorney Can Help
By hiring a workers’ compensation attorney, you’ll have a legal advocate who is dedicated to protecting your rights and securing full benefits in your case. An attorney can:
- Ensure all paperwork is filed accurately and on time.
- Gather medical records, witness statements, and other evidence to support your claim.
- Negotiate with insurance companies to maximize your benefits.
- Represent you in appeals if your claim has been denied or disputed.
If you’re unsure whether you need an attorney, it’s always better to seek legal advice early. Our workers’ compensation lawyers in Alexandria offer free consultations. During this consultation, we’ll answer your questions, evaluate your case, and help you decide the best course of action.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientOn-the-Job Accidents
Workplace accidents can happen in any industry, and common causes include:
- Slips, trips, and falls
- Overexertion or repetitive motion injuries
- Being struck by equipment or falling objects
- Exposure to hazardous substances
- Faulty machinery or equipment malfunctions
No matter the cause of your accident, our team can investigate the circumstances, determine liability, and help you pursue the benefits you’re entitled to.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientInjuries and Illnesses Covered by Workers’ Compensation
The Louisiana workers’ compensation system provides benefits for both physical and mental injuries, as well as illnesses caused by workplace accidents or occupational diseases. To qualify for these benefits, the injury or illness must typically result from tasks or activities related to your job.
Here’s what may be covered:
Workplace Accidents
Workplace accidents can involve:
- Single Events: An immediate injury caused by a specific incident, such as slipping on a wet floor or being struck by falling equipment
- Repeated Events: Progressive injuries caused by repeated actions over time, such as carpal tunnel syndrome from typing or back pain from heavy lifting
Occupational Diseases
Occupational diseases develop due to exposure to hazards specific to a trade or profession. Examples include:
- Chemical Exposure: Illnesses caused by exposure to toxic substances in industries like manufacturing or construction
- Respiratory Conditions: Lung diseases linked to inhaling harmful substances, such as asbestos or silica dust
- Repetitive Use Injuries: Conditions like tendinitis or joint damage caused by repetitive motions
Eligibility Requirements
To be eligible for workers’ compensation benefits, you must generally prove that your injury or illness occurred while performing work-related tasks or running work-related errands. Documentation such as medical records, witness statements, or incident reports can help establish this connection.
Exceptions to Coverage
While most work-related injuries and illnesses are covered, there are exceptions. You may not qualify for workers’ compensation benefits if:
- You intentionally injured yourself.
- You were intoxicated at the time of the accident.
- You were the aggressor in a workplace fight.
- Your injury resulted from horseplay or reckless behavior.
When you’re uncertain whether your injury or illness qualifies for workers’ compensation benefits, our Alexandria workers’ compensation lawyers can evaluate your situation and help you understand your rights.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientWhat to Do After a Workplace Injury
To secure your rights to compensation after suffering a job-related injury, you need to take action. Here are the steps you should take:
Report Your Injury
While you have up to 30 days to report your work injury per Louisiana compensation laws, you should report it to your supervisor as soon as possible. The sooner you officially document your injury, the stronger your case will be.
Notifying your workplace earlier than 30 days gives you ample time to collect accurate evidence. If you wait to report it to your employer, some evidence could deteriorate and weaken your case.
Seek Medical Treatment
Seek emergency medical care if necessary. And according to the dos and don’ts of Louisiana workers’ compensation, make sure you notify your employer before pursuing any non-emergency treatment that costs over $750.
Seeking medical treatment quickly can help prevent your injuries from worsening and requiring more medical assistance.
Make Sure Your Employer Reports Your Injury
Your employer has ten days to report your injury to its insurance carrier. It must also notify the Office of Workers’ Compensation Administration. You may ask your employer for a copy of the forms they submit regarding your claim.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientWork Comp Benefits You May Receive
Our Louisiana law firm has the necessary experience to help you recover the workers’ comp benefits you need to return to your daily life. You may be entitled to recover a variety of types of workers’ compensation benefits, such as:
Medical Treatment and Mileage
Your employer may be required to pay all necessary medical costs for your workplace injury or illness. You may also be reimbursed for travel to and from these medical appointments.
The costs your employer may be required to pay depend on the severity and type of your injury. Your employer could have to pay for the following expenses:
- Medical tests
- Physical therapy
- Surgeries
- Psychological therapy
Wage Replacement
Workers’ compensation benefits may provide partial wage replacement while you are temporarily disabled and unable to work. These temporary disability benefits payments are typically equal to two-thirds of your average weekly wages, up to a state maximum.
You could receive these temporary disability benefits until your doctor determines you can return to work.
Supplemental Earnings Benefits
You may be entitled to supplemental benefits if you can return to work, but your new earnings are less than 90% of your wages before the injury. That amount may be equal to two-thirds of the difference between your wages before and after the injury.
Catastrophic Injury Benefits
If your injury is catastrophic, you may receive a one-time lump-sum payment of $50,000. The following injuries may be considered catastrophic:
- Paraplegia
- Quadriplegia
- Full anatomical loss of both hands, arms, legs, feet, or eyes, or one of any two of these body parts
Vocational Rehabilitation Benefits
If you cannot perform the same work duties as before, you may be entitled to vocational rehabilitation benefits to provide you with training for a new job. Our Alexandria workers’ compensation attorneys can review your case, file the proper paperwork, and pursue the compensation you need.
Death Benefits
Death benefits may be available to the surviving family members of individuals who died from work-related injuries. These can include disability benefits for surviving family members, coverage of the decedent’s medical expenses, and coverage of the decedent’s funeral and burial expenses.
Who Is Eligible for Louisiana Work Injury Compensation?
Workers’ compensation covers most types of employees from the day they begin working. The types of workers include:
- Full-time
- Part-time
- Seasonal
- Minor
Some subcontractors and independent contractors may also be employees under specific circumstances. In Louisiana, employers must be self-insured or carry workers’ compensation insurance.
Why Should You Hire Our Workers’ Compensation Attorneys in Alexandria?
Our Alexandria workers’ compensation lawyers can handle all aspects of your case when we represent you. This may include:
- Gathering evidence that your injuries qualify for workers’ compensation
- Gathering evidence of the value of your damages
- Handling all communications, legal work, and deadlines on your behalf
Our firm can also answer your questions and update you on your workers’ compensation case while you focus on your recovery.
Can You Be Compensated for Pain and Suffering?
Workers’ compensation does not generally cover the cost of pain and suffering. If your physical injury or illness caused an emotional disorder such as depression, insomnia, or post-traumatic stress disorder (PTSD), you could recover those damages via a personal injury lawsuit.
Our personal injury attorneys can identify your damages, estimate the value of your losses, and file a lawsuit on your behalf.
Talk to Our Legal Team Before Accepting a Settlement Offer
Once you settle your claim, no additional benefits may be available. You are not obligated to accept an initial settlement offer if you believe it is unfair.
A workers’ compensation attorney in Alexandria, LA, can help you estimate the value of your case and determine if a settlement offer is fair. If not, we could negotiate a different settlement on your behalf.
Common Reasons for Work Comp Claim Denials
Work injury claims are denied far more frequently than you might think. Your employer may even discourage you from filing a compensation claim because when you do, it will increase the amount they are required to pay in annual premiums.
The insurance company may delay the processing of your claim or deny it altogether. However, that doesn’t mean you can’t still recover the benefits that are rightfully yours.
Some of the more common reasons given for claims denials include:
- Having self-inflicted injuries
- Having a pre-existing condition
- Failing to file the necessary paperwork
- Lacking adequate medical documentation of your injuries
- Failing to report your injury to your employer promptly
- Failing to file your claim promptly
- Having Injuries that are not severe enough to warrant workers’ comp benefits
- Making mistakes on your application
Your attorney can work with the insurance company to get your denial reversed by providing them with additional evidence, supporting documentation, and enforcing legal action. If the insurer refuses to reverse your denial, we will be prepared to pursue a formal workers’ compensation appeal.
Reach Out to Our Workers’ Compensation Team for Help
If you’ve been injured at work, don’t wait to seek legal help. The sooner you contact an attorney, the sooner we can begin building your case and pursuing the benefits you need to move on with your life.
At Laborde Earles, we’re dedicated to fighting for injured workers in Alexandria and throughout Louisiana. Contact Laborde Earles today for a free consultation on your case with a member of our team.
