When you get injured at work, you may feel stressed about being out of work and unable to earn money for your family. You’re also receiving medical bills from treatment and spending money on gas to get to your doctors’ appointments. But you don’t have to pay for this on your own.
Most workers in Louisiana qualify for workers’ compensation benefits per RS § 1020.1. These benefits provide you income while you recover and pay for medical care you need to heal from your injuries. An Avoyelles Parish workers’ compensation lawyer at Laborde Earles Injury Lawyers can review your claim and determine if a third party should be held accountable for the additional compensation you need to move forward.
How do I File a Workers’ Compensation Claim in Louisiana?
The first thing you should do after being injured at work or while completing work duties is to seek medical attention. You should go to the emergency room for serious injuries or see your regular doctor if you feel like your injuries are not severe. The doctor will assess and document your injuries, which is necessary for filing a claim.
Notify your employer of the accident and your injuries as soon as possible. Then, you can report your injury to the Louisiana Workforce Commission (LWC) by filing a First Report of Injury (FROI) form. An agent from the LWC will reach out to start the workers’ compensation claims process.
If your workers’ compensation claim is denied, you can work with a lawyer from our firm who handles workers’ compensation claims in Avoyelles Parish to file an appeal on your behalf.
How Long do I Have to File My Workers’ Compensation Claim?
You must report your injury to your employer within thirty days of the incident, which is why it’s so important to seek medical attention right away. To recover medical and indemnity (wage replacement) benefits, you must file your claim with the LWC within a year of the accident.
A workers’ compensation lawyer from our firm can help determine if a third party may be responsible for your workplace injury and them accountable in a personal injury lawsuit.
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.
ClientEverything Covered by Workers’ Compensation
Generally, any work-related injury qualifies for workers’ compensation as long as the injury or illness develops while at work, completing work duties outside of work, or while you’re on the clock. Our clients come to us with work-related injuries, including:
- Head injuries and traumatic brain injuries (TBIs)
- Fall injuries
- Crush injuries
- Puncture injuries
- Fractured bones
- Repetitive motion injuries
- Injuries to joints, tendons, and muscles
- Illnesses due to exposure to harmful substances
Workers’ compensation is meant to expedite the claims process and get injured workers the money they need as soon as possible. But that may mean you’re not able to recover all the damages you’re facing. Workers’ compensation covers:
- Medical bills for work-related injury treatment
- Lost income during out-of-work recovery
- Mileage reimbursement for driving to and from doctors’ appointments
- Supplemental earnings benefits that help make up the difference between pre-injury and post-injury income should you suffer a loss of income when returning to work
- Disability payments if you’re not able to return to work
- Vocational rehabilitation to help you gain employable skills and get back to work
How Much does Workers’ Compensation Pay in Louisiana?
In Louisiana, workers’ compensation provides up to two-thirds of your weekly pre-injury income. For much of 2022, the maximum weekly workers’ compensation payment is $743. You can receive payments weekly or monthly or take a lump sum settlement after a certain amount of time receiving periodic payments.
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 | ClientYou Can File a Personal Injury Lawsuit for Additional Damages
We know that workers’ compensation often does not cover all your regular expenses, like food and housing, in addition to your pain and suffering. That’s why we’re prepared to hold negligent parties accountable and seek additional compensation for you through a personal injury lawsuit.
Recoverable Damages in a Personal Injury Lawsuit
If someone was negligent and their negligence caused the accident that injured you, you may be able to file a personal injury lawsuit. You can recover compensation for damages that workers’ compensation does not cover, including:
- Current and future medical costs
- Lost wages and benefits
- Diminished earning potential
- Death benefits, including funeral costs and a portion of the deceased’s income
- Pain and suffering
- Reduced quality of life
- Scarring, disfigurement, and amputation
Who Can You Sue for a Work-Related Accident?
Depending on how your accident occurred, you may be able to hold the following parties accountable and recover damages through a personal injury lawsuit:
- Another employee
- A contractor or subcontractor
- A property owner
- A manufacturer of malfunctioning equipment
- A driver who caused a wreck that injured you
You can pursue a personal injury lawsuit against another party while filing for or receiving workers’ compensation benefits.
Can I Sue My Employer?
Typically, you can’t sue your employer for a work-related injury. But there are some circumstances in which you may be able to pursue a personal injury lawsuit against an employer:
- Your employer does not have a workers’ compensation policy but should by law.
- Your employer committed gross negligence and forced you to work in unsafe conditions.
- You were injured in a maritime work accident.
You cannot sue your employer after accepting a workers’ compensation settlement. Your workers’ compensation lawyer can help you explore all legal options for recovering the compensation you need.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientWe Can Help With Your Avoyelles Parish Workers’ Compensation Appeal
At Laborde Earles Injury Lawyers, we have more than 350 years of combined legal experience, and we’ve recovered hundreds of millions of dollars in compensation for our clients. In addition to helping clients appeal their workers’ compensation claim denial, we’ve also helped injured workers in Louisiana recover compensation by filing a personal injury lawsuit.
You can focus on your recovery while we handle these aspects of your workers’ compensation case:
- Gather evidence of your work-related injury, including witness testimony, medical records, and footage of the incident
- Communicate with your employer’s insurance company
- Appeal any claim denials
- Represent you in appeal hearings
- Identify negligent parties
- File a personal injury lawsuit against liable negligent parties as necessary
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.
ClientTrust Laborde Earles Injury Lawyers With Your Workers’ Compensation Case
Per CC Art. 3492, you only have one year from the date of your injury or work-related illness diagnosis to file a personal injury lawsuit. If you lost your loved one in a work-related incident, you have one year to file a wrongful death lawsuit and recover additional compensation outside workers’ compensation per CC Art. 2315.2.
Contact our office for a free, no-obligation case review to start exploring your legal options.
