Being injured at work can make you worry about many things, like your health, family, and bills. How will you maintain paying your bills? What if your employer fires you? Will you be blamed for your injury? So many thoughts can come rushing through your mind at once. In addition, it can be very stressful when you are also in great pain from your injury.
If you live in Louisiana, you might wonder if a Hammond workers’ compensation lawyer could help you. It can comfort your mind to know that your rights are being protected. Unfortunately, many times, insurance companies can fight these claims.
This additional stress and accusations can make it difficult for employees to seek help for their injuries. Having a personal injury attorney on your side to get you through the maze of forms and doctors to ensure you are fairly compensated.
You do Not Need a Lawyer to File for Workers’ Compensation in Louisiana
No, you do not need a workers’ compensation lawyer. You can file your claim yourself. Work injuries are often minor, and employees can handle filing the claim on their own. However, an attorney is a good choice when you have a claim that could be long-term, could be fought by the insurer, or could result in permanent disability.
Any time you have a question or want help with your claim is an excellent reason to speak with your attorney.
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How does the Workers’ Compensation Program Work in Louisiana?
When you work in Louisiana, you are covered under the Louisiana Workers’ Compensation Act. Under this act, if you get hurt on the job, your employer’s insurer should cover your related medical bills, vocational rehabilitation, indemnity benefits, and, if necessary, death benefits to the victim’s survivors. Before you settle, you should discuss your case with an attorney to be sure you are getting all the benefits owed to you and your family.
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What Types of Injuries Are Covered by Workers’ Compensation?
In Louisiana, workers’ compensation covers any injury while on the job. These can include injuries that occur over time, such as repetitive stress injuries. For example, Carpal tunnel is a common work-related injury for those in many professions, including office jobs and those who work typing. Therefore, these types of injuries are also included.
Other injuries can include accidents like a back and spinal cord injury from lifting or a severe head injury from a falling board or block on a construction site. Head injuries can lead to concussions and traumatic brain injuries.
People who work with heavy equipment or saws risk crushing limbs or losing them. There are many ways a person can be injured while at work, and any injury is covered.
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The Benefits You Could Recover Under Workers’ Compensation
Under the Workers’ Compensation Law, there are three benefits that a worker is immediately entitled to when injured.
Medical Benefits
All accident-related bills are covered by your employer’s workers’ compensation insurance. The Louisiana Workforce Commission states that most accident-related treatment is provided under emergency conditions. If medical treatment costs over $750 and is not an emergency, it may require workers’ compensation insurance approval.
If you are being treated for a work-related injury, your health insurance mustn’t pay the medical expenses. When your health insurance pays the claim, it cancels your claim for those medical expenses for workers’ compensation under your employer. However, if you pay out of pocket or with Medicaid or other state insurance programs, you could continue the claim.
Indemnity Benefits
Indemnity benefits are your cash benefits that cover your lost wages. However, it does not cover 100% of your wages. Louisiana’s indemnity benefits are set at the state level at two-thirds of your wages. Even then, Louisiana has capped this amount to an average maximum for the entire state.
You could be a lucky individual making over $500k per year. However, if you are injured on the job, the maximum indemnity payment you will receive per week is $743.00. These rates are revised annually.
Choice of Doctor
You are the one who is injured, and you have the right to choose your physician. You can choose from any field or specialty. For your benefit, the ER physician is not considered your choice.
If the insurance company for the employer offers you a choice of physicians, you do not have to comply. You can instead choose your own. However, you may be required to submit to an exam by their doctors that serves as a “second opinion.”
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You Might Have to Sue a Third Party To Collect Fair Damages
Having counsel on your side as you go through your workers’ compensation claim can be a benefit because you may have to use a third party to collect damages. Overall, workers’ compensation can only pay out so much. It is limited to approximately 2/3 of your overall income, capped.
If you are severely hurt, the findings could show that your injuries were caused by a part or product used by your company but manufactured by another party. In that case, yes, you might have to file in court against a third-party manufacturer to collect further damages to cover your claim.
Turn to Us Due Help With Your Workers’ Compensation Claim in Hammond
Laborde Earles Injury Lawyers has worked with injured employees, helping them to collect their workers’ compensation claims and get back on their feet. When you need help sorting out your claim, contact us, we can help.
Our team can support you in gathering evidence, preparing rebuttals to denials, and representing you in court if you live in Hammond. It shouldn’t be stressful, and your employer owes you the time it takes to heal. Let our workers’ compensation lawyers help you return to work stress-free.
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