If you get injured on the job, it is your right to file and receive workers’ compensation benefits. Louisiana law allows you to receive financial recovery for medical expenses and lost income due to your work-related injury or illness.
If your claim is denied or you run into another issue with the workers’ compensation system, you do not have to face these obstacles on your own. A Chalmette workers’ compensation lawyer at Laborde Earles Injury Lawyers can analyze your claim, file an appeal, and explore your legal options for compensation.
Who Can Apply for Workers’ Compensation in Louisiana
You can apply for workers’ compensation even if you are not a full-time employee. Part- time workers, seasonal employees, and even minors can apply for workers’ compensation benefits if they are injured or develop an occupational illness while on the job.
Many types of injuries can qualify you to seek workers’ compensation. Common workplace injuries you should report include, but are not limited to:
- Fractured and broken bones
- Traumatic brain injuries (TBIs) and concussions
- Spinal cord injuries
- Amputation
- Repetitive stress injuries
- Burns
- Loss of hearing or vision
You can also file for workers’ compensation benefits if you develop an illness on the job. This can happen in industries where workers are exposed to dangerous chemicals and conditions.
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The Workers’ Compensation Application Process in Chalmette, LA
You need to report your injury or illness to your employer immediately. If you wait more than 30 days to report what happened, you could lose the chance to receive workers’ compensation benefits. After your injury, seek medical attention right away to document your injuries and treatment.
Your employer will need to report the incident to their workers’ compensation insurer within ten days of receiving notice of the job-related injury. The insurer will then notify the Office of Workers’ Compensation Administration (OWCA), which will evaluate your claim and decide whether or not to award you benefits.
What Happens If a Workers’ Compensation Claim Is Declined
Workers’ compensation is a no-fault system, meaning you can qualify for benefits even if the accident that caused your injury resulted from your own actions or inexperience. However, this does not mean that claims cannot be denied.
Your employer can try to mischaracterize the events that led to your workplace injury or the development of your illness. Common arguments against employees who apply for workers’ compensation may include:
- You engaged in “horseplay” and caused your own injuries
- You were under the influence of alcohol or drugs at the time of the incident
- The injury did not occur at the workplace or while you were carrying out your job duties
- You lied or fabricated details about the injury and accident
- A preexisting condition is to blame for your or your family member’s current health problems
If your employer denies your claim, you can file an appeal. You have to act within one year of your original denied claim. You could reach a settlement in mediation, or you may have to present your case during a hearing in front of a workers’ compensation judge.
A workers’ compensation lawyer serving Chalmette can help file an appeal or argue your case in front of a judge. At Laborde Earles Injury Lawyers, we will fight for the benefits you and your family deserve after a workplace injury or illness.
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What Workers’ Compensation in Louisiana Can Cover
Your workers’ compensation benefits can help cover various expenses that resulted from your workplace accident. Benefits you could receive include:
Hospital and medical bills: If your injury was serious, it most likely resulted in a hospital stay, with imaging tests and possible surgeries. Medical bills can quickly pile up in these situations, so you rely on your workers’ compensation benefits to help cover these costs.
Lost wages: If you are recovering from a workplace injury, you are probably missing time at work. This means missed paychecks and lost wages. That can create serious financial stress for any family. Your workers’ compensation benefits should help fill that gap created by your missing paycheck and allow you to keep paying your bills. According to the Louisiana Workforce Commission (LWC), the maximum weekly compensation you can receive as of 2022 is $743.00.
Loss of future earning potential: Your workplace injury may leave you unable to fulfill your current job duties. If an injury or illness derails your career and makes it harder for you to earn a living, that loss of future earning potential should also be considered when your compensation is being calculated.
The cost of future care: Your workplace injury or illness could have lasting effects that impact you for months, years, or even your entire life. Your attorney can help pursue these benefits or file a personal injury lawsuit against a liable third party for additional compensation you are due.
Vocational rehabilitation: If you can return to work but not in the same capacity or industry, vocational rehabilitation can help. This will provide training for a new job or field, allowing you to regain independence and provide for your family.
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How an Attorney From Our Firm Can Help
Your workers’ compensation lawyer can do a lot to help with your case. Our attorney can:
- Review your claim
- Help you file an appeal
- Prepare you for a hearing in front of a judge
- Gather all evidence needed to make your case
- Defend you from accusations leveled by your employer
- Calculate fair compensation
- Take care of all communications for you
- Keep you updated on any progress in your case
- Whether you have questions about the appeals process or need to know more about what a fair settlement looks like, your workers’ compensation attorney is ready to assist you.
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Contact Us for a Free Consultation
If your employer denies your workers’ compensation claim, you do not have to forge ahead alone. A workers’ compensation lawyer serving Chalmette is ready to help you and your family. Contact Laborde Earles Injury Lawyers today to learn more about your legal options. There is no charge and no obligation.
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