Everyone depends on their job, so there’s a lot to worry about when you get hurt or develop a painful condition while working. Accidents are common, which is why most employers are required to carry workers’ compensation insurance. It is there to protect you if you are injured while doing your job. However, legal issues can arise, making it challenging to recover the compensation you deserve.
If you live in Louisiana, a Harvey workers’ compensation lawyer could review your case and pursue a claim on your behalf. After a devastating work accident, our law firm is here to fight for the treatment you are entitled to through the workers’ compensation insurance coverage program.
Our Harvey personal injury attorney regularly handles these cases and can explain your legal options during a free consultation.
What Workers’ Compensation Benefits Are Available in Louisiana?
Workers’ compensation benefits protect both the employee and the employer. It keeps companies open and covers the employee’s medical expenses, some of their wages, and vocational rehab if needed. Benefits can include the following:
Weekly Lost Wages
Workers’ compensation benefits are the same across Louisiana. According to the Louisiana Workforce Commission, statewide caps make compensation less than your weekly income, so it won’t be as much as you usually earn. The good news is you can also qualify for mileage reimbursement.
Death Benefits Are Available for Your Family
If your loved one suffered a fatal work injury, you may be entitled to death benefits through workers’ compensation payable to your family. Unlike in a typical wrongful death case, you do not have to prove negligence to qualify.
Medical Bills Paid
Under state law, workers’ compensation covers your medical bills, travel expenses for treatment, and ongoing disability benefits if needed. As an injured worker, you have the right to choose your own treating physician.
However, your employer may still ask you to visit a physician approved by their workers’ compensation insurance company. Your doctor can treat you, but you must see an approved doctor for a second opinion.
Vocational Rehabilitation
If your injury means you can no longer perform your previous job, workers’ compensation will pay for vocational rehabilitation. This benefit means you can be trained for a new position, job, or career.
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Not All Jobs in Louisiana Are Covered by the Same Kind of Insurance
Workers’ compensation covers most Louisiana employees, though some exceptions exist. Certain employees do not fall under workers’ compensation, like U.S. government staff covered under the Federal Employees Liability Act (FELA) and those covered by the Longshoremen’s, Harbor Workers’ Compensation Act, or the Jones Act.
Some private farmers, real estate brokers, sales associates, or those who contract work from private residents in Harvey might not have coverage. If you have questions about your coverage, you should speak with a workers’ compensation attorney.
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Which Injuries Are Covered in Louisiana?
Under the Louisiana Workers’ Compensation Law, your employee’s insurance covers any injury while you are on the job. Some work injuries happen quickly, all at once. For example, a meat cutter could accidentally cut a finger. Others can occur over time, as someone who does data entry could suffer from carpal tunnel syndrome, a repetitive stress injury.
Regardless of whether your injury was sudden or occurred over time, your condition should still be taken seriously, and you are entitled to appropriate medical care.
Here is a list of common work injuries in workers’ compensation claims:
- Hearing loss
- Carpal tunnel syndrome
- Repetitive stress injuries
- Muscular sprains
- Back injuries
- Torn ligaments
- Herniated disks
- Traumatic brain injuries
- Mesothelioma
- Back and spinal cord injuries
- Ankle and elbow injuries
- Knee and hip fractures
- Other broken or fractured bones
- Amputations
- Crushed limbs
No matter how you were injured, your employer should give you the respect and space to heal. They need to realize that employees who are rushed back to work too soon can suffer permanent injuries.
You Do Not Have to Return to Work Before You Are Recovered
You must speak up if you feel you are not 100% recovered. This is one area where your Harvey personal injury lawyer can assist. For example, your physician may recommend that you continue therapy for several more months before returning to work.
On the other hand, the employer’s doctors may say that you should return now. If your employer tries to force you back to work too soon, an attorney from our firm can help you navigate an appeal.
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You Could Sue a Third Party for Your Work Injury in Harvey, Louisiana
You might need to file a suit against a third party or multiple parties because of your injury. In this situation, an investigation will determine what caused you to get hurt. There could be many reasons a person could get hurt at work.
Let’s look at one scenario:
An Example of How an Employee Could Sue a Third Party for Damages
Suppose a forklift operator is driving when his forklift tips over, crushing his arm and causing him to have it amputated. This severe injury involves expensive damages, and workers’ compensation cannot fully cover them.
Remember that this worker will only be reimbursed a fraction of his lost wages. However, an investigation revealed that the forklift malfunctioned, causing the accident due to poorly manufactured and defective parts.
The forklift manufacturer and other possible part distributors could be liable for these injuries. To ensure the employee’s family is fully compensated for his injuries and limb loss, suits are filed against the forklift manufacturer and the defective part manufacturer.
Having an attorney with extensive experience in personal injury claims can make all the difference in the outcome of a case like this. Our workers’ compensation attorney in Harvey, LA, can take care of the investigative work, claims, and regulations involved to aid you in securing fair damages.
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Contact a Workers’ Compensation Lawyer in Harvey, LA
If you live in Harvey and want to make the most of your workers’ compensation claim, contact Laborde Earles Injury Lawyers. As a victim of an accident, our attorneys understand that you may be able to prove your injury, but collecting damages isn’t always easy.
A workers’ compensation attorney from our team can provide valuable legal advice and help you discover benefits you may not have even known you were eligible for. We work with injured victims every day and are here to ensure you are protected so you can heal and move forward.
Call our offices today or complete the brief contact form for a free, no-obligation consultation.
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