When you suffer a workplace injury, your employer is supposed to provide you with workers’ compensation benefits. Usually, there’s no problem with this process. However, employers and their insurance companies may refuse to reimburse you for your medical care costs and lost wages.
You don’t have to put up with this denial, especially on your own. A Jennings workers’ compensation lawyer with Laborde Earles Injury Lawyers can help you file an appeal and obtain your benefits. Our assistance will come at no upfront or out-of-pocket cost to you.
Your Eligibility for Workers’ Compensation Benefits in Jennings
Louisiana’s workers’ compensation laws cover workers injured on the job, whether they’re in or out of state. Since workers’ compensation is mandatory, all Louisiana employers must provide medical and disability benefits to their injured workers.
However, some exceptions to those covered by workers’ compensation include self-employed individuals, household employees, or those who have been injured on a farm. Most volunteer jobs are not covered, save for volunteer firefighters, police workers, and state, county, and city workers. Federal employees, meanwhile, are covered by separate federal statutes.
Work-Related Injuries You Can Receive Workers’ Compensation For
At Laborde Earles Injury Lawyers, we have helped many clients working in various industries manage their workers’ compensation benefits, including:
- Construction
- Manufacturing
- Trucking
- Delivery service
However, a workplace injury that requires you to file a workers’ compensation claim can happen in any industry.
Common types of work-related injuries that may qualify for workers’ compensation include:
- Repetitive motion injuries, such as muscle and tendon injuries in the arms, shoulders, back, or knees
- Head injuries, like concussions and traumatic brain injuries (TBIs)
- Strained muscle or tendon injuries
- Fractures and sprains
- Neck and back injuries, including whiplash or herniated discs
- Crush injuries
- Fall injuries
- Hearing or sight loss
- Illness after exposure to harmful substances
Note that you may also be able to file a workers’ compensation claim for work-related mental or emotional injuries under certain circumstances. Your psychological stress may qualify for workers’ compensation in two situations:
- You experience a mental illness due to a sudden or exponential work-related incident.
- You experience mental stress or develop a mental illness after suffering a work-related physical injury.
A Jennings workers’ compensation lawyer from Laborde Earles Injury Lawyers can evaluate the facts of your work-related injury to determine if this is enough clear evidence to prove that this mental injury is eligible for a claim. You can also work with our attorney to understand how much your workers’ compensation benefits should be, when they should be paid, and what additional benefits you may be entitled to.
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The Losses That You May Qualify to Recover After a Jennings Workplace Injury
According to the Louisiana Workers’ Compensation Commission (LWCC), workers’ compensation can recover a variety of damages, such as:
All Related Medical Care Costs
Workers’ compensation claims can cover the cost of reasonable and necessary medical treatment, including:
- Emergency room visits
- Hospitalization
- Prescription drugs
- Physical therapy
- Doctor appointments
- Diagnostic exams
- Medical procedures
Wage Replacement and Disability Benefits
You could qualify for wage replacement if:
- Your doctor instructs you to take off work for more than seven days, or
- Your employer cannot accommodate your limitations.
If your injury classifies as a temporary total disability, the LWCC may reimburse up to two-thirds of your average weekly wage (AWW). Until August 2022, the maximum amount you may receive is $743 per week, and the AWW is just over $990. The LWCC updates this document every year as these amounts change. You could receive Supplemental Earnings Benefits (SEB) for up to 520 weeks, depending on how your injury impacts your ability to work.
If your loved one died in a work-related accident or due to a work-related injury or illness, you may be entitled to benefits for funeral and burial costs, income loss, and more.
Travel Reimbursement
Your workers’ compensation may also provide reimbursement for treatment-related travel expenses. For example, you may be reimbursed for your mileage to and from doctors’ appointments, getting medication or medical devices, and more.
Vocational Rehabilitation Assistance
Another benefit you may be entitled to is vocational rehabilitation counseling. Per RS 23:1226, your employer pays for this benefit if your injury causes a disability that prevents you from returning to work in any capacity with your employer. You can get help finding a local job that matches your new abilities and capacity to work.
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Deadlines to File Your Jennings Workers’ Compensation Claim
Generally speaking, injured workers have 30 days to notify their employer of their injury. In the event you want to submit a workers’ compensation claim for medical benefits, you must comply with a one-year filing deadline.
Failing to file your workers’ compensation claim within the mandated time limit may result in the partial or full loss of your entitled benefits.
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Negligence of a Non-Employer
You do not have to prove negligence to file a workers’ compensation claim and receive benefits. But if you incur a work-related injury due to another party’s negligence — not your employer’s — you may have the right to bring a claim or lawsuit against them. Such parties may include:
- A subcontractor
- A contractor
- A property manager
- A product manufacturer
As a result, you may recover other damages like pain and suffering, as it is outside of the Louisiana workers’ compensation coverage.
If you choose to file a lawsuit against this party, you must abide by Louisiana’s statute of limitations. CC Art. 3492 generally permits one year to take action. If you don’t file suit before this deadline, you may not be allowed to hold the liable party responsible for your injuries and losses.
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A Jennings Workers’ Compensation Lawyer With Our Firm Can Fight for You
Your claim could have been denied because:
- You didn’t report your injury or illness to your employer within the 30-day window.
- You missed the claim-filing deadline.
- Your employer claimed you were intoxicated, engaged in horseplay, or caused your injuries yourself.
- The insurance company believes your injury occurred outside of work.
Whatever the case may be, your lawyer can work to prove that you are entitled to collect workers’ compensation benefits. In doing so, they can:
- Obtain evidence, such as the incident report, photos of your injuries and/or the incident scene, security video footage, relevant medical documentation, and statements from witnesses
- Fight your claim’s denial
- Help you meet applicable deadlines — whether that’s for your application or an appeal
- Handle the insurance company if it attempts to end your benefits early or give you partial compensation
- Negotiate a settlement that covers your losses
- Manage phone calls, letters, emails, and other messages with the other involved parties
- Advocate for you in legal proceedings
Your workers’ compensation attorney serving Jennings will keep in touch with you throughout the claims process so that you’re always in the loop.
How Your Jennings Workers’ Compensation Lawyer Will Be Paid
There’s no need to fret about whether you can afford an attorney on our team — you can. We are a contingency-based firm, meaning we don’t charge any fees or costs:
- Up front
- By the hour
- Out of your pocket
- For retainers
Your lawyer will only take payment if they procure compensation for you. When we decide to work together, we will agree on a percentage that your lawyer will deduct from your award. That way, there won’t be any hidden fees or surprises down the line.
We won’t ask for anything if we don’t settle or win your case.
What It’s Like Working With Laborde Earles Injury Lawyers
Our injury attorneys have acquired $200 million in financial recovery. Not only do we strive for the results you need, but we also work to provide top-notch client care.
Look at what one of our past clients had to say about his time with us:
“I made an appointment with David, and it was a real good experience. He worked with me all the way and was like a good friend in a time of need. I don’t think anybody could have done a better job than he did.” — Keith
In addition, we’ve helped recover workers’ compensation benefits and personal injury settlements for clients. Here are some of our case results:
- $5.5 million for an injured maritime worker
- $440,000 for a truck driver injured while offloading
- $200,000 for a deckhand injured while unloading a supply boat
We’re ready to get to work for you today.
Connect With Laborde Earles Injury Lawyers Today About a Jennings Workers’ Compensation Claim
If you suffered a workplace injury in Jennings, Louisiana, and you’re having a hard time obtaining benefits, a workers’ compensation lawyer with Laborde Earles Injury Lawyers can assist you. We have more than 250 years of combined experience and can take on employers, insurance companies, and other liable parties.
You can count on our team to champion your case while you focus on getting healing and moving on from your accident. Get in touch with our firm today for a free consultation with one of our team members. We won’t charge any attorney’s fees unless and until we resolve your case.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
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