If you were injured on the job in Baton Rouge, the Louisiana workers’ compensation system may protect you with financial benefits. This insurance provides a portion of your lost wages and covers your medical bills. Louisiana law requires most employers to provide this insurance coverage to all employees.
If you are having a challenging time with a workers’ compensation claim, a Baton Rouge workers’ compensation lawyer with Laborde Earles Injury Lawyers can help you challenge a denial, file an appeal, or take another action. We also help clients pursue damages in personal injury cases if a negligent third party caused their workplace accident.
Understanding How Workers’ Compensation Insurance Works in Louisiana
When workers suffer injuries in East Baton Rouge Parish, most should qualify for workers’ compensation benefits. In Louisiana, workers’ compensation is a no-fault system. Workers may be eligible for benefits, no matter how their workplace injuries occurred.
According to the Louisiana Workforce Commission (LWC), workers’ compensation benefits may cover:
- Two-thirds of the average wages the employee earned before the injury
- Their accident-related medical bills
However, insurers can unfairly deny some workers the compensation due to them. Your employer or their insurance company may try to contest your workers’ compensation claim. Alternatively, they could offer you a settlement that does not reflect the benefits you should receive.
If this happened to you, our team will review your case for free today. We may be able to help you secure benefits or a fair settlement based on the details of what happened to you, your lost income, and your medical bills.
What Injuries does Louisiana’s Workers’ Compensation Cover?
Under Louisiana law, almost any type of injury or illness resulting from your job or at work may qualify for workers’ compensation insurance coverage. This includes:
Benefits should cover traumatic injuries that occur during a single event, such as a broken leg from a fall. Workers’ compensation may also cover psychological injuries from withstanding sudden stress at work. Mental conditions may be more challenging to prove than physical injuries.
Injuries that develop slowly and cause ongoing concerns may also qualify for workers’ compensation. These may be called chronic injuries. Examples include many types of joint injuries and overuse injuries. If you have ongoing pain in your back, knees, or another body part, you may have a chronic injury.
In some cases, you may receive a diagnosis of an illness that occurs because of work. This often occurs because of something you were exposed to at work. For instance, exposure to dangerous chemicals throughout your career could lead to breathing concerns covered by workers’ compensation.
Injuries Not Covered by Workers’ Compensation
There are exceptions to workers’ compensation coverage. Your employer and their insurance company may try to claim your work accident met one of these to avoid paying out. These include:
- You intentionally caused the accident
- The accident occurred because of horseplay
- You were drunk or intoxicated
Our Baton Rouge workers’ compensation lawyer may be able to help you challenge a denial of your benefits or take other steps to secure compensation if the insurer is denying your workplace injury claim. You can reach out to us today for a free review of your Baton Rouge workers’ compensation case.
How Can Our Workers’ Compensation Lawyers Help with Your Baton Rouge Claim?
While you focus on recovering from your injuries, the workers’ compensation team from Laborde Earles Injury Lawyers will handle your claim, appeal, and other actions on your behalf. This can allow you to focus on the treatment for your condition.
Our services may include:
- Collecting evidence that your accident occurred at work
- Documenting the full extent of your injuries
- Filing your workers’ compensation claim
- Helping you appeal a disputed claim
- Negotiating for a settlement
Once we gather evidence of your damages, we can begin to monetize these losses. By doing so, we can estimate the total value of your damages and use this figure in settlement negotiations. Depending on the nature of your case, you may receive a lump-sum settlement or periodic payments for your workers’ compensation benefits.
For a free legal consultation regarding your workers’ compensation case with a member of our team, you can connect with us today. You can learn more about our track record of recovering verdicts and settlements for our clients and the services we can provide for you.
In addition to fighting to secure the benefits you deserve, you can count on us to:
- Answer questions surrounding your claim
- Determining if you can pursue a potential personal injury lawsuit
- Handle all case communications in your case
- Complete all necessary paperwork
- Meeting all applicable deadlines
Injured Seamen and the Jones Act
In some cases, workers living in Baton Rouge may not qualify for workers’ compensation under Louisiana law. This law does not cover marine workers, such as fishermen, oil rig workers, industrial sailors, and other types of seamen. The Jones Act offers protection to maritime workers injured on the job.
Baton Rouge is on the Mississippi River and less than 60 miles to the Gulf of Mexico. Some workers in East Baton Rouge Parish may work on the water or in other industries that fall under the Jones Act instead of the state’s workers’ compensation laws. The Jones Act offers benefits similar to workers’ compensation for seamen injured at work in open water.
Laborde Earles Injury Lawyers also handles Jones Act claims. We can talk with you more about the law today and how it may apply to your case.
Seeking Damages in a Fault-Based Personal Injury Lawsuit
While you cannot usually sue your employer for a job-site injury, you may have a case against someone else. If a third party was liable for your work accident, you may be able to file a personal injury lawsuit against them. This is in addition to your workers’ compensation claim.
Liable third parties could include:
- The manufacturer of a defective power tool that failed while you were working
- A driver who caused a traffic accident while you were operating a delivery vehicle
- A fall injury that occurred on a third-party site during a visit for work
In a Baton Rouge personal injury lawsuit, recoverable damages may include:
- Accident-related lost wages not covered by workers’ compensation
- Reduced earning capacity
- Pain and suffering
- Other related expenses and losses
A One-Year Deadline Applies to Personal Injury Cases in Louisiana
Keep in mind that, per CC Art. 3492, a general one-year statute of limitations pertains to personal injury lawsuits in East Baton Rouge Parish and elsewhere in Louisiana. There may be exceptions to this rule, but not all of them extend the time you have to file. Some, such as those where the defendant is a government agency, have tighter deadlines.
Contact Laborde Earles Injury Lawyers Serving Baton Rouge Today
If you were injured on the job in Baton Rouge, our team from Laborde Earles Injury Lawyers may be able to help you. We provide services to those in East Baton Rouge Parish, as well as from our other offices across Louisiana.
For a free case consultation with a member of our team, call Laborde Earles Injury Lawyers today at (337) 777-7777. We handle workers’ compensation and personal injury cases on a style=”white-space: nowrap;” contingency fee basis with no upfront payments required.