Workers’ compensation covers nearly all workers under Louisiana law RS § 1020.1. If you’re injured on the job, you can file a workers’ compensation claim to recover costs of medical treatment, lost income, and other related expenses.
While workers’ compensation was created to get injured workers much-needed compensation as soon as possible, it may not be enough to cover all of your out-of-pocket expenses. An Andrew workers’ compensation lawyer at Laborde Earles Injury Lawyers can assist you with your workers’ compensation claim and determine if you should file a personal injury lawsuit against a third party.
We Can Handle Your Workers’ Compensation Claim
The Laborde Earles Injury Lawyers team has over 350 years of combined legal experience. We have successfully recovered millions of dollars in compensation for injured workers through court verdicts and settlements. Here are just some of our results:
- $5.5 million for an injured maritime worker
- $440,000 for an injured truck driver
- $200,000 for an injured deckhand
Every case is different. We can’t guarantee you’ll receive this much compensation. But we can promise we’ll work hard to advocate for your rights in and out of court and help you recover the best possible settlement based on the circumstances of your case.
Here’s how:
- We’ll gather evidence that demonstrates the severity of your injury.
- We’ll build a case to prove that your injury did occur while at work.
- We’ll complete your paperwork and file your case before the statutory deadline.
- We’ll take all calls and emails from a third-party’s insurance company.
- We’ll hold negligent parties accountable by filing a personal injury lawsuit, if necessary.
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.
ClientHow to File a Workers’ Compensation Claim in Andrew, LA
You should let your employer know about your injury or work-related illness as soon as possible. The earlier you start your workers’ compensation claim, the more likely you are to recover the compensation you deserve.
After your incident, document everything you remember, including when and where the injury occurred, how it happened, and any witnesses to the event. If you’re filing a claim for a work-related illness, write down the work activities that caused your illness.
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 | ClientMost Workers in Andrew Qualify for Workers’ Compensation
From the day you start your job, you qualify for workers’ compensation benefits should you suffer an injury at work. Full-time, part-time, seasonal, and minor employees across nearly every industry can file a workers’ compensation claim for a job-related injury or illness. Some independent contractors and subcontractors who perform manual labor or otherwise contribute to the business’ function may also qualify.
But there are some exceptions per Louisiana law. Workers who do not typically qualify for workers’ compensation include:
- Domestic workers
- Real estate sales professionals
- Volunteer workers
Certain surviving family members of a loved one who died from a work-related injury or illness may also qualify to receive some workers’ compensation benefits. These family members often include spouses, children, or parents of the deceased.
Types of Injuries Covered by Workers’ Compensation
If you are injured while completing work duties, whether at your workplace or not, you can typically file a workers’ compensation claim. Some of the most common workplace injuries include:
- Traumatic brain injuries (TBIs)
- Neck and back injuries
- Crush injuries
- Amputation injuries
- Fractured bones
- Muscle and tendon injuries
- Joint injuries
- Repetitive motion injuries
- Illnesses due to exposure to harmful substances
- Mental illness developed after “sudden, unexpected, and extraordinary stress” on the job, according to the Louisiana Workforce Commission.
In addition to the many types of work-related injuries you can get workers’ compensation for, there are just as many types of accidents that qualify you for workers’ compensation.
- Car, truck, and other vehicle accidents
- Construction accidents
- Maritime work accidents
- Exposure to chemicals or other substances
- Equipment or machinery malfunction
- Falls from heights
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientWhat does Workers’ Compensation Cover in Louisiana?
You can receive periodic payments or a lump sum from your workers’ compensation benefits to cover:
- Medical treatment costs
- Lost wages during recovery
- Mileage costs to and from medical treatment appointments
- Vocational rehabilitation to acquire skills to work in another role or field should you not be able to return to your old job or employer
- Disability payments should you not be able to return to work for a while or at all
- Supplemental earnings benefits to cover a portion of the remaining wage loss should you return to work but not be able to earn at least 90% of your pre-injury income
Does Workers’ Compensation Pay for Pain and Suffering?
No, you cannot typically recover compensation for pain and suffering from a workers’ compensation claim.
How Much does Workers’ Compensation Pay?
In Louisiana, you can receive payments for up to approximately 66% of your pre-injury wages during treatment and recovery after suffering a work-related injury. Currently, the maximum weekly payment is $743.
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.
ClientYou Can Recover Additional Compensation Through a Personal Injury Lawsuit
We know workers’ compensation does not often cover your regular expenses, like food, housing, debt payments, or future medical bills. Our team can help you explore every possible option you have to recover the additional compensation you deserve.
You may be able to recover financial compensation for the following damages through a third-party personal injury lawsuit:
- Current and future medical costs
- Lost income during treatment
- Future diminished wages and benefits
- Loss of quality of life
- Disability, scarring, and disfigurement
- Pain and suffering
- Psychological trauma
Some parties you may be able to hold accountable in a personal injury lawsuit include:
- A negligent employee
- A contractor or subcontractor
- A manufacturer
- A government agency
- A driver or motorist
You can file a personal injury lawsuit against a negligent third party while recovering workers’ compensation benefits from an employer’s insurer.
Can I Sue My Employer for My Work Injury?
Typically, you cannot sue your employer for a work-related accident, except under some circumstances:
- Gross negligence, like forcing you to work in hazardous conditions
- Failure to hold a workers’ compensation insurance policy
- Injuries that occur while working in a maritime environment
Our workers’ compensation lawyer serving Andrew can help you determine if you have a personal injury case against an employer who committed gross negligence or another responsible party.
Laborde Earles Injury Lawyers Is Ready to Help You
According to the Louisiana Workforce Commission, you have one year from the date of your accident to file your workers’ compensation claim form. The Louisiana statute of limitations for personal injuries, as outlined in CC Art. 3492, gives you one year from the same date to file a lawsuit against a negligent party. That means you have limited time to recover much-needed compensation for your work-related injuries.
Contact Laborde Earles Injury Lawyers today for your free case review to get started.
