Our jobs are essential to us. What do you do when you are at work and get seriously hurt? If you live in Louisiana, you could speak with a Henry workers’ compensation lawyer.
When you have counsel to assist you with your claim, you are assured that your rights are protected. Insurers will often attempt to deny claims or accuse an employee of purposely causing an accident. If you want to be assured that your medical bills are covered, and you are given a chance to heal, you can turn to our personal injury team.
Who Is Covered by Workers’ Compensation in Louisiana?
In Louisiana, most employees are covered by the Louisiana Workers’ Compensation Law from the moment they start their employment. Your hours or level of employment do not matter. If you are full-time, part-time, seasonal, or even a minor, you are covered.
There are some exceptions to this law. For example, domestic employees, volunteer law enforcement, most real estate salespersons, and public officials are exempt from coverage.
In addition, some workers are covered under other insurance policies and programs through professional organizations, which are also exempt. These could include workers covered by Federal Employers’ Liability Act, Longshore and Harbor Workers Compensation Act, and the Jones Act.
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There Is a Time Limit for Reporting Your Henry Workers’ Compensation Injuries
Yes. You should report your injury immediately to avoid jeopardizing your claim. Your employer also has time constraints on filing paperwork on your behalf.
Your employer must use form LWC-WC IA-1 (First Report of Injury or Illness) within ten days of knowledge of an illness or injury that results in either death or lost work time in excess of a week to the state workers’ compensation office.
If the employer fails to report the injury within the relevant time frame, they can be subject to a penalty.
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You Can Collect Benefits for Your Lost Wages in Louisiana
Yes, to an extent. The Louisiana Workers’ Compensation Commission states that you are entitled to certain benefits when injured at work. These benefits include medical benefits, choice of doctor, and indemnity benefits. Lost wages fall under indemnity benefits. But, first, take a quick look at medical benefits and the choice of doctor.
Medical Benefits
Under your medical benefits, all accident or injury-related bills are covered. However, unless it is an emergency, you will need to get prior authorization for treatment appointments over $750. This approval process is similar to your regular health coverage when you get prior approval from your primary medical provider.
Choice of Medical Provider
This approval does not mean that someone can tell you what doctor you have to go to see for treatment. You can choose the doctor you are comfortable with seeing. Choosing is your right. Your employer and the workers’ compensation insurance provider can ask you to be reviewed by their doctors, which you must comply with, but you do not need to be treated by them.
Indemnity Benefits
Indemnity benefits are cash benefits that include your wages. So you might think that if you are out of work and you make $1000 per week, you will get $1000 per week in lost wages covered. Well, not so fast. That is not how workers’ compensation works.
It is there to make sure that you can stay afloat. Louisiana has some measures in place that protect employers, too. They have also capped the wage benefits. Currently, this is at $743 per week. So you can collect up to 2/3 of your weekly income while you recover.
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The Workers’ Compensation Law does Not Entitle You to Pain and Suffering
Pain and suffering is not something you are entitled to when pursuing workers’ compensation. If you have been injured due to actions of a third party on the job, like a defective manufactured part, you could file against the negligent party. Pain and suffering are never considered as part of workers’ compensation, but you could recover such damages from a third-party lawsuit. Our Henry lawyers could explain your options for recovering damages.
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What Injuries Are Covered by the Louisiana Workers’ Compensation Law?
Under Louisiana law, workers’ compensation covers physical injuries and mental injuries from either an accident on the job or from exposure to occupational diseases. In addition, there are some requirements related to mental injuries. Regulations in Louisiana state that a mental injury can come from physical injury. It can also come from unexpected, sudden, and extraordinary stress events during employment.
An accident is considered an unexpected and unforeseen event. It must be identifiable. It could be sudden and happen with or without human fault or intervention.
An occupational disease would cover conditions related to your trade. For example, if you do data entry, you might develop carpal tunnel syndrome, an occupational disease. If you work in chemical factories making paints, you may be exposed to toxins that cause mesothelioma, and this is also an occupational disease.
An Insurer Could Deny Your Workers’ Compensation Claim
The insurance company could accuse you of willfully causing your injury. Your injury must come out of the course and scope of your employment. For example, if your injury is caused by horseplay, for example, then it might not be covered.
If you were involved in a physical altercation with someone at your work and you are determined to be the aggressor, your injuries would not be covered. Employers may also state that you were under the influence of drugs or alcohol while you were hurt. When you are treated for your injury, a blood test is taken. If you are intoxicated, your claim could be denied.
Our Team Can Help With Your Workers’ Compensation Claim in Harvey
Workers’ compensation benefits are a safety net intended to help with expenses when you cannot work because you are hurt. Unfortunately, Louisiana has a defined workers’ compensation program that can be difficult to follow and can be confusing for injured workers.
At Laborde Earles Injury Lawyers, we are committed to helping those injured back to health. Our workers’ compensation lawyers protect injured workers so they can help themselves and their families. Now is not the time to stress—focus on recovery and rehabilitation. So, let us handle the worries for you. Call us today so we can get started on your Henry case.
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