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, the pain you experience from your injury can further increase your stress.
If you live in Louisiana, you might wonder if a workers’ compensation lawyer in Hammond, LA, could help you. It can be comforting to know that your rights are being protected.
The complicated claims process can make it difficult for employees to recover benefits for their injuries. Having a personal injury attorney on your side to get you through the maze of forms and procedures to ensure you are fairly compensated. Call us today to discuss your legal options.
When To Hire a Lawyer To File for Workers’ Compensation in Louisiana
Work injuries are often minor, and employees can handle filing the claim without an attorney. While you may not need a Hammond workers’ compensation attorney for minor injuries, you should seek legal counsel in more serious cases.
An attorney is a good choice when you have:
- A claim that could take a long time to resolve
- A claim that could be fought by the insurer
- An injury that could result in permanent disability
Any time you have a question or want help with your claim for benefits is an excellent reason to speak with your attorney.
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
How Does the Workers’ Compensation Program Work in Louisiana?
When you work in Louisiana, you are covered under the 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, and indemnity benefits. In case of a fatal workplace injury, it also offers 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.
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
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 due to repetitive stress. For example, carpal tunnel syndrome is a common workplace 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 suffering from crushed limbs or amputation. A person can be injured while at work in many ways, but these should all be covered by insurance.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.Client
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.
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 workplace injury, your health insurance mustn’t pay the medical expenses. When your health insurance pays you, it cancels your claim for those medical expenses for workers’ compensation under your employer. However, you could continue the claim if you pay out of pocket with Medicaid or other state insurance programs.
Indemnity benefits are your cash benefits that cover your lost wages. However, it does not cover 100% of your earnings. Louisiana’s indemnity benefits are set at the state level at two-thirds of your wages. 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 weekly is $743. 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.”
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
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 benefit you 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 product used by your company but manufactured by another party. In that case, you might have to file in court against a third-party manufacturer to collect further damages to cover your claim.
Time Is of the Essence for Your Hammond Workers’ Compensation Claim
Louisiana has a deadline for filing a workers’ compensation claim. Generally, an injured worker must report the work-related injury to their employer within 30 days of the accident. It’s important to notify the employer immediately to protect your rights.
Additionally, a statute of limitations governs the time limit for filing a formal workers’ compensation claim in Louisiana. Thus, you generally have one year from the accident date to file. If you don’t file your claim within this time period, you might lose your right to workers’ compensation benefits.
Consult with an experienced workers’ compensation attorney in Hammond, LA, to understand the specific deadlines and requirements for filing a claim. They can provide you with the most accurate and up-to-date information based on the details of your case.
Turn to Us for Help With Your Workers’ Compensation Claim in Hammond
Laborde Earles has worked with many injured workers, helping them to collect their benefits and get back on their feet. Our law firm can support you in gathering evidence, preparing rebuttals to denials, and representing you in court if you live in Hammond.
Seeking benefits shouldn’t be stressful, and your employer owes you the time it takes to heal. Let our experienced workers’ compensation lawyers help you return to work stress-free. Contact us when you need help sorting out your claim; we can help.