When an on-the-job injury has turned your life upside down, you could be experiencing severe emotional, physical, and financial losses. Fortunately, there are several ways in which you can get the support you need. One of the top ways work injury victims get help is by pursuing workers’ compensation benefits.
With help from a Delcambre workers’ compensation lawyer at Laborde Earles Injury Lawyers, you can determine whether you qualify and ensure the insurance company is held accountable for their financial obligation.
Louisiana Workers Compensation Laws
Workers’ compensation is a program that allows employees to seek compensation when they injure themselves at work. Typically, an employee cannot sue their employer for these injuries. Most employers in Louisiana are required to purchase workers’ compensation coverage to protect their employees, even if they only have one person working for them.
However, not all injuries are eligible for workers’ compensation coverage, depending on the circumstances of the injury. For example, an employee intoxicated during the accident may not be able to pursue benefits.
Exceptions To Workers’ Compensation Coverage
Some employees are not covered by workers’ compensation but may be protected by other programs.
Suppose you suffer a work-related injury and your employer has not purchased workers’ compensation coverage to protect you. In that case, you may have the right to file a personal injury lawsuit against them. Here, you could recover compensation for all of the ways your life has been affected by your work-related injury. Since you cannot seek workers’ compensation benefits, your personal injury claim may be your best option for financial recovery.
Additionally, a third party involved in your injury may be open to a third-party liability lawsuit, even if you were on the job at the time of your injury. Our lawyers can help review your case and determine what scenarios apply and how to move forward in your pursuit of compensation.
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.Client
Our Workers’ Compensation Lawyers Can Help You After An Injury
Some workers’ compensation cases are more accessible to resolve than others. However, there may be cases where an employer denies your claim and leaves you without the assistance of workers’ compensation benefits. Some cases may even be more challenging to handle without representation simply because of the severity of your injuries.
Our lawyers know how to approach a workers’ compensation case, and we know how to push back against the insurance company’s claims. We can:
- Help you with appealing your workers’ compensation rejection
- Represent you if you need to give testimony
- Assist you by gathering medical evidence and other proof of your injuries
- Argue on your behalf and negotiate for benefits
We encourage you to reach out to our firm to see how else we might be able to assist you.
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 | Client
Types Of Workers Comp Benefits
If you qualify for workers’ compensation benefits in Delcambre, a wide variety of benefits could be available. Not every person is entitled to the same types and amounts of worker’s compensation benefits. Here is a general idea of common types of workers’ compensation benefits that may be attainable in your case:
Disability benefits are designed to replace a portion of your lost income throughout the time you are unable to continue earning a living. It is important to remember that disability benefits cannot entirely replace your income.
Depending on the details of your case, you could expect to collect anywhere from 20% to 75% of your average weekly earnings. However, claimants generally expect to recover approximately 2/3 of their average weekly earnings.
The disability benefits can vary based on the classification of your injury as described below:
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.Client
Temporary Total Disability Benefits
Temporary total disability (TTD) benefits are available for workers incapable of performing any responsibilities while recuperating from their work illness or injury. TTD benefits are paid out at 2/3 of your average weekly salary with a cap of 75% of the average weekly wage across the state.
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.Client
Permanent Total Disability Benefits
Permanent total disability benefits are paid when an employee is considered totally and permanently disabled. They must be unable to continue working in any type of employment, including self-employment. Obtaining further job training or education would do little to help them provide for themselves.
Permanent Partial Disability
You may be entitled to permanent partial disability (PPD) benefits when your injury is permanent but not completely disabling. You might also agree to accept your PPD benefits in one lump sum after reviewing the circumstances of your case with your attorney.
If you have a permanent medical condition resulting from a work injury, you may be able to collect permanent partial disability benefits for a maximum of 100 weeks based on the type of injury or illness. Some of the qualifying conditions include:
- Gastrointestinal conditions
- Hearing loss caused by a catastrophic event
- Respiratory dysfunction
Scheduled Permanent Partial Disability Benefits
Scheduled permanent partial disability benefits include the loss of use of specific body parts, including eyes or extremities. Scheduled permanent partial disability benefits have a maximum number of weeks allowable for victims to acquire benefits based on the schedule of injuries.
For example, when a worker loses a hand, under the schedule list, a victim could continue collecting workers’ compensation benefits for a maximum of 150 weeks.
Supplemental Earnings Benefits
Individuals who can continue working, even at a reduced rate or with reduced responsibilities, may be entitled to supplemental earning benefits. These are paid out at 2/3 of the difference between what you previously earned and what you currently earn. Generally, supplemental earnings benefits can be paid for a maximum of 520 weeks.
The insurance company must cover all your medical expenses related to your on-the-job injury. This includes both current and future medical care. Some of the common medical expenses covered include:
- Cost of prescription medications
- Cost of mental health counseling
- Costs of occupational or physical therapy
- Medical equipment fees
- Diagnostic imaging costs
- Hospital bills
- Ambulance fees
In addition to other benefits, you may be able to pursue:
- Vocational rehabilitation benefits
- Mileage reimbursement
- Death benefits
Contact A Workers’ Compensation Lawyer In Delcambre
The workers’ compensation appeals process can seem impossible. Fortunately, you do not have to go through it alone. With help from a Delcambre workers’ compensation lawyer at Laborde Earles Injury Lawyers, you can focus on healing from your injuries.
We can handle all the legal details of your case, working tirelessly to recover maximum compensation. Schedule a free consultation by filling out our online contact form or calling our office.