If you were injured or became ill on the job, you could be entitled to compensation. Louisiana’s workers’ compensation system is a no-fault insurance system that may allow injured employees to receive medical benefits, wage replacement, etc.
While you generally do not have to show that your employer was negligent to collect benefits, filing a claim may be tedious and confusing.
An Alexandria workers’ compensation lawyer from our team at Laborde Earles Injury Lawyers can help you file a claim and pursue the compensation you need and deserve.
Who Is Eligible for Louisiana Workers’ Compensation?
According to the Louisiana Workforce Commission (LWC), workers’ compensation covers most employees from the day they begin working, including:
- Full-time workers
- Part-time employees
- Seasonal workers
- Minor employees
Some subcontractors and independent contractors may also be considered employees under specific circumstances. In Louisiana, employers must be self-insured or carry workers’ compensation insurance.
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Workers’ Compensation Benefits You May Receive
You may be entitled to recover a variety of different types of workers’ compensation benefits, such as:
Medical Treatment and Mileage
Your employer may be required to pay all necessary medical expenses stemming from your workplace injury or illness. You may also be reimbursed for the cost of traveling to and from these medical appointments.
Wage Replacement
Workers’ compensation benefits may provide partial wage replacement while you are temporarily disabled and unable to work. These temporary disability payments are typically equal to two-thirds of your average weekly wages, up to a state maximum.
You may be able to receive these benefits until your doctor determines you can return to work.
Supplemental Earnings Benefits
If you can return to work, but your new earnings are less than 90% of your wages before the injury, you may be entitled to supplemental earnings benefits. 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 considered catastrophic, you may be entitled to a one-time lump 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 workers’ compensation attorney who handles these types of cases in Alexandria 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 passed away from work-related injuries. These benefits 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.
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On-the-Job Accidents in Alexandria
Our team understands the kinds of accidents you could experience while working in Alexandria. Some of the possible job site injuries come from:
Slip and Fall Accidents
Slip and fall accidents represent one of the country’s primary causes of workplace accidents. Workers often end up:
- Slipping on spills or wet floors
- Tripping over clutter, debris, or cords
- Stumbling over uneven flooring
Workers in any field may slip and fall, especially if they have to work in an area with poor lighting that makes it hard to see potential hazards. Fall accidents also occur when workers slip off roofs or ladders.
Overexertion
You may develop a repetitive strain injury (RSI) or muscle strain if you overexert yourself while working in Alexandria. Workers often sustain these injuries when they:
- Practice poor lifting techniques
- Lift heavy objects
- Perform the same microtasks repeatedly
- Use improper ergonomics at work
While physical labor can lead to overexertion injuries, we see a lot of these injuries in white-collar jobs, as well. For example, workers who do a lot of typing without the proper mouse or keyboard may develop an RSI.
Hazards From Falling Objects
Construction workers face many hazards each time they go to work. Many of them are exposed to risks from objects—like tools or supplies—falling from above. Wearing appropriate safety gear can help you avoid these injuries in some cases.
Harmful Substances or Chemicals
Some job sites expose workers to hazardous chemicals. Workers may inhale dangerous substances which can cause damage to their respiratory system, or experience a chemical spill.
Many chemicals have caustic properties, meaning they can burn an individual even with brief contact. You should seek prompt medical care if you are exposed to a dangerous chemical while on the job.
Explosions or Fires
Fires and explosions represent a less-common form of workplace injury. However, they still occur in some situations, especially in fields like construction, where workers may take part in controlled demolitions.
Exposure To Toxic Substances
Exposure to toxic substances is one of the more common types of work-related incidents. People who work in construction, factories, and other dangerous lines of work may be exposed to toxic chemicals and other harmful substances.
For example, many construction workers have found it necessary to seek workers’ compensation benefits after being diagnosed with mesothelioma. This is a type of cancer that is caused by exposure to asbestos, a product that was commonly used to build homes back in the 1970s. Only after being exposed to these toxic substances do workers become dangerously ill and subsequently diagnosed with mesothelioma.
Motor Vehicle Accidents
Motor vehicle accidents are another common cause of work-related injuries. Whether you drive for a living operating commercial trucks, delivering food or groceries, or as a taxi driver, if you are required to operate a vehicle for work and are subsequently involved in a car accident, you could be entitled to workers’ compensation benefits.
However, it is important to note that your car accident must have occurred while you were on the job or completing job-related responsibilities for you to be eligible.
For example, if you were involved in a motor vehicle accident on your way home from work, you may not be eligible for benefits. But if you were making a bank deposit for your boss on your way home from work one night and were involved in a collision, workers’ compensation benefits may be warranted.
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Injuries and Illnesses Covered by Workers’ Compensation
Louisiana’s workers’ compensation system may provide benefits for mental and physical injuries stemming from workplace accidents or occupational diseases. Qualifying injuries and illnesses may be subject to the following definitions:
- Workplace accident: This can be either a single event that occurs at work and creates an immediate injury or a repeated event that produces a progressive injury.
- Mental injury: Mental injuries may qualify for workers’ compensation if physical injury or stress at work caused them. Like a physical injury, evidence is required to prove a mental injury.
- Occupational disease: This may include a condition associated with a particular trade or occupation the worker is engaged in. An example of an occupational disease is an injury from exposure to toxic chemicals in industries that require workers to use them.
- To establish eligibility for workers’ compensation benefits, you must typically show that the injury came from or during your work tasks or activities. Generally, injuries that occur when performing work duties or running work errands may be covered.
There may be some exceptions. If you injured yourself on purpose, were intoxicated, were the aggressor in a work fight, or engaged in horseplay, your injuries may not qualify for workers’ compensation.
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Treatment for Workplace Injuries in Alexandria
The medical care you require after an on-the-job accident in Alexandria can vary based on the injury you sustained. Many workers require emergency care. Someone may need to call an ambulance for you after the accident.
Once you arrive at a care facility, a medical professional can assess your injuries and develop a treatment plan. In many situations, doctors:
- Perform tests like CT scans and MRIs
- Treat your injuries or schedule you for surgeries
- Provide you with medications, like pain killers
Depending on the extent of your injuries, you may require physical therapy to recover fully from the accident. Some accidents are severe enough to lead to long-term disabilities.
We understand that you may not completely recover from a workplace injury. Our team focuses on helping you reach your point of maximum recovery and seeking compensation for all of your medical expenses.
Can You Be Compensated for Pain and Suffering Through Workers’ Compensation?
Workers’ compensation does not generally cover the cost of pain and suffering. If your physical injury or illness caused an emotional disorder—for example, depression, insomnia, or post-traumatic stress disorder (PTSD)—you may be able to recover those types of damages via a personal injury lawsuit.
A lawyer from our firm who handles workers’ compensation cases in Alexandria can identify all of your damages, value your losses, and file a personal injury lawsuit on your behalf.
What To Do After a Workplace Accident
If you suffered a work injury, follow these steps:
Report Your Injury
While you have up to 30 days to report your work injury per Louisiana Revised Statutes (RS) §23:1301, you should report your injury to your supervisor as soon as possible.
Seek Medical Treatment
Seek emergency medical care if necessary. If you are seeking non-emergency treatment, you must get approval from your employer before getting treatment in excess of $750, according to the Louisiana Department of Insurance.
Make Sure Your Employer Reports Your Accident
Your employer has ten days to report your injury to its insurance carrier, per Louisiana Revised Statutes (RS) §23:1306. 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.
Talk to Our Workers’ Compensation 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.
An Alexandria workers’ compensation lawyer from Laborde Earles Injury Lawyers can help you estimate the value of your case and determine if a settlement offer is fair. If not, we may be able to negotiate a different settlement on your behalf.
Common Reasons for Work Comp Claim Denials
Workers’ compensation claims are denied far more frequently than you might think. Your employer may even discourage you from filing a workers’ 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 your claim for workers’ compensation benefits altogether. However, that does not mean that you cannot recover the benefits that are rightfully yours.
Some of the more common reasons given for workers’ compensation claim denials include:
- Having self-inflicted your injuries
- Having a pre-existing condition
- Failure to file the necessary paperwork
- Lack of adequate medical documentation of your injuries
- Failure to report your injury to your employer in a timely manner
- Failure to file your claim in a timely manner
- Your injuries are not severe enough to warrant workers’ comp. benefits
- Making mistakes on your workers’ compensation application
These are only a few of the different reasons why your workers’ comp claim may be denied. Remember, the reason the insurance company gives for denying your claim does not have to be valid.
Your attorney may be able to work with the insurance company to get your denial reversed by providing them with additional evidence, supporting documentation, and threatening legal action. If the insurer refuses to reverse your denial, we will be prepared to pursue a formal workers’ compensation appeal.
Why Hire Laborde Earles Injury Lawyers?
A lawyer from Laborde Earles Injury Lawyers familiar with workers’ compensation claims in Alexandria 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 keep you updated on your workers’ compensation case while you focus on your recovery.
Reach Out to Us Today for Help
Contact Laborde Earles Injury Lawyers today for a free consultation on your case with a member of our team. We may be able to represent you on a contingency fee basis.
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