Louisiana workers’ compensation insurance allows injured employees or their surviving family members to receive financial benefits. If you were injured at work or a family member was fatally wounded, you may be able to recover benefits to help you pay for the costs you’ve incurred.
Most employers in Lafayette must provide this coverage to all employees regardless of their employment status. A Lafayette workers’ compensation lawyer from our law firm can evaluate your claim and help you pursue damages.
The personal injury lawyer who represents you may also guide you in calculating the types and amounts of your recoverable damages, which may include:
- Medical Bills
- Income Loss
- Property Damage
- Pain & Suffering
- Emotional Distress
- Lasting Disfigurement
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Who Qualifies for Workers’ Compensation in Lafayette?
According to the Louisiana Workforce Commission (LWCC), most employees qualify for workers’ compensation if injured. Qualifying employees can include:
- Full-time
- Part-time
- Seasonal
- Minors
Subcontractors and some independent contractors may qualify for benefits if their work furthered their employer’s pursuit of business or if they performed “substantial manual labor.” However, certain limitations exist for independent contractors regarding benefits, so you can have a comp lawyer from our firm confirm whether you qualify to recover benefits.
What Injuries Are Covered Under Workers’ Comp?
Louisiana workers’ compensation insurance covers various illnesses and injuries that occur in the workplace. Covered conditions fall into the following categories:
- Injuries that develop over time: Employees who perform the same physical task daily or are exposed to toxic substances may develop repetitive motion injuries or occupational illnesses over time.
- Sudden accident injuries: Unexpected events can cause severe injuries and death.
- Stress-related injuries: Workers’ comp covers mental injuries resulting from sudden, unexpected stress in the work environment. However, these injuries may be more challenging to prove and typically require substantial evidence.
How Do I Claim Workers’ Compensation?
All employers in Louisiana, except those under statutory exceptions, must have workers’ compensation insurance to cover medical expenses and lost wages if an employee gets injured while working, per RS § 1020.1. To claim benefits, you must alert your employer about your workplace injury.
You can also report your injury to the LWCC by filling out a First Report of Injury form. Once you submit the claim, this will initiate the claims process, and an LWCC claims service agent will respond to your injury report.
What Do Workers Comp Benefits Consist Of?
As an injured worker, it’s normal to wonder what benefits you could receive if you are approved for worker’s compensation benefits. Covering your basic living expenses can be challenging when you cannot earn a living.
Fortunately, you may find financial relief through your employer’s worker’s compensation coverage. The different types of worker’s comp benefits you could be entitled to if you are approved in Lafayette include:
Disability Benefits
Disability benefits describe the compensation you can receive for your lost income. The insurer won’t cover your lost wages entirely, but they will be expected to cover approximately two-thirds of your average weekly pay.
In many cases, you can continue to collect disability benefits until you have reached maximum medical improvement (MMI) or can return to work. After that, however, the insurance company can stop your disability benefits at any time.
If this happens, you may need a dedicated worker’s compensation attorney to help you get your worker’s comp benefits reinstated.
Medical Benefits
The insurance company should cover all of your medical expenses related to your work-related injury. This includes your medical treatment and care, along with other expenses.
You should also expect the insurance company to cover your ambulance bills, the cost of your mental health counseling, costs associated with physical or occupational rehabilitation, co-pays, prescription medication fees, and all of your injury-related medical expenses in the future. For this reason, you should never accept a lump sum settlement offer through the insurance company without first discussing your options with your attorney.
Vocational Rehabilitation Benefits
Vocational rehabilitation benefits may be available if you have permanently impactful injuries. To qualify, your injuries must be so severe that you can no longer continue in your current line of work.
To recover worker’s compensation vocational rehabilitation benefits, your comp attorney must show that you must go back to school or obtain further job training to re-enter the workforce. The insurance company is expected to cover these costs in full.
Other Benefits
In addition to these benefits, other benefits may be available depending on your case’s circumstances. For example, you may be entitled to catastrophic injury, death, or other worker’s comp benefits on a case-by-case basis.
Death benefits, in particular, could cover the cost of the decedent’s funeral and burial expenses and provide the surviving family members with disability benefits amounting to approximately two-thirds of the decedent’s average weekly earnings. You can find out which benefits are available to you when you discuss your case with a Lafayette workers’ compensation attorney.
How Can a Workers’ Compensation Lawyer Help Build Your Claim?
The workers’ compensation process can get confusing if you have never filed a claim before, putting you at risk of having your claim denied on a technicality or lack of information. That’s why our workers’ compensation lawyers are here to help build a strong claim. Our legal team serves clients in Lafayette and other cities in Louisiana, so we understand which laws may pertain to your workers’ comp case.
Some of our services for workers’ compensation cases include:
- Retrieving evidence proving your accident occurred at the workplace or during work hours and verifying other claims in your report
- Filling out paperwork and submitting your claim within appropriate deadlines
- Communicating with your employer’s workers’ compensation insurer on your behalf
- Providing further information to prove the severity of your injury
- Attending hearings to petition for your right to receive benefits
- Appealing a denial on your claim if necessary
We can perform many other tasks not listed here throughout your case. Our legal team is available for counsel if you have questions about the claims process.
When Is Filing a Personal Injury Lawsuit Necessary in a Workers’ Compensation Case?
Although workers’ compensation is designed to provide injured employees with the compensation necessary to recover, it has the dual purpose of protecting employers from personal injury lawsuits. However, in certain situations, filing a lawsuit might be necessary.
Furthermore, if an employer fails to carry coverage, an employee may be eligible to collect compensation through civil action with the help of a personal injury lawyer.
The Statute of Limitations Applies to Personal Injury Cases
After getting injured at work, you must file a personal injury lawsuit against a liable party within one year of the date of injury. Failure to meet this deadline can result in your case being dismissed.
However, other factors may toll or extend the statutory deadline attached to your case, such as whether your work-related accident involves a government entity. Our personal injury attorneys will review your case and explain how long you have to file your lawsuit.
Employees Can Sue Employers for Gross Negligence in Severe Cases
Generally speaking, you cannot sue your employer when you get into a work-related accident, as you are meant to navigate the workers’ compensation system. However, you can sue your employer in Louisiana if they force you to work in unsafe conditions.
If this applies to your case, you can hold your employer liable for injuries and damages you suffer.
You May Also Qualify To Sue Third Parties Who Contributed to the Accident
If another party contributed to your work-related accident, you could file a personal injury lawsuit against them. These parties can include:
- Another employee who contributed to the cause of the accident
- A manufacturer of faulty equipment or machinery
- A maintenance company for faulty equipment or machinery
- A government entity
- A third party, such as another vehicle driver in a car accident
If multiple liable parties exist in your case, you could file a personal injury lawsuit while pursuing workers’ compensation through your employer’s insurer.
How Do Compensatory Damages Differ from Lawsuits?
Workers’ compensation generally covers your medical bills and a portion of your wages. However, with a personal injury lawsuit, compensation laws allow you to recover additional compensation for the following types of damages:
- Property damage
- Permanent disability, including loss of bodily function, vision, or hearing
- Mental anguish and emotional distress
- Current and future income loss (full wages and benefits)
- Reduced earning potential
- Diminished quality of life
- Psychological trauma
- Pain and suffering, and inconvenience
Other damages not listed here might also pertain to your case. For example, families filing wrongful death actions may qualify to receive compensation for funeral expenses, loss of consortium, medical debts, and other emotional losses related to losing their loved one. We aim to be sensitive to your situation and estimate a value for your case that is fair to you and your family.
Our team can discuss other compensatory damages you may pursue in a free consultation.
Workers’ Compensation Has Limitations on What Employees Can Collect
If you’re planning on filing a claim with or without a workers’ compensation attorney, there are a few essential things to remember. Knowing the following facts can give you a better chance of recovering damages:
No-Fault Compensation
Unlike a personal injury lawsuit, an employee injured on the job does not have to prove fault to receive workers’ compensation benefits. However, workers who accept workers’ compensation insurance are not eligible to file a lawsuit against their employer.
Workers’ Compensation Benefits
Periodic payments or lump-sum settlements may be insufficient to cover all present and future costs of recovery. For example, workers’ compensation typically reimburses an injured employee with only two-thirds of their weekly pay, which may not be enough to cover day-to-day expenses and medical bills.
Disputed Claims
Workers’ compensation claims can be disputed or denied for several reasons. For instance, an employer could argue that an injury did not occur on the job.
The LWCC requires injured employees to adhere to strict requirements and filing deadlines. Failure to do so could result in denied claims or delayed payments.
Expressly, a workers’ comp claim in Lafayette may be denied if the injury was a result of:
- Willful intent to harm self or others
- Intoxication
- Unprovoked physical altercation
- Horseplay
Employees dealing with a denied claim are not without options for legal recourse. However, the appeals process for having your workers’ compensation case reviewed again could take six to nine months.
Contact a Workers’ Compensation Attorney in Lafayette for Help with Your Claim Today
Workers’ compensation insurance may help you provide for your loved ones as you recover from work-related injuries. However, if you enter the workers’ comp process without a legal advocate, you could experience delays, denials, and disputes.
Whether you need assistance navigating the complexity of filing a claim, have questions about an existing claim, or want to hear about your rights to a lawsuit, a Lafayette workers’ compensation lawyer has the resources to show you your options. Contact our legal office at Laborde Earles today to schedule a free consultation.
Workers’ Compensation Has Limitations On What Employees Can Collect
For those planning on filing a claim with or without a workers’ compensation attorney, there are a few essential things to keep in mind:
No-Fault Compensation
Unlike a personal injury lawsuit, an employee injured on the job does not have to prove fault to receive workers’ compensation benefits. However, workers who accept workers’ compensation insurance are not eligible to file a lawsuit against their employer.
Workers’ Compensation Benefits
Periodic payments or lump-sum settlements may be insufficient to cover all present and future costs of recovery. For example, workers’ compensation typically reimburses an injured employee with only two-thirds of their weekly salary, which may not be enough to cover day-to-day expenses and medical bills.
Disputed Claims
Workers’ compensation claims can be disputed or denied for several reasons. For instance, an employer could argue that an injury did not occur on the job.
The LWCC requires injured employees to adhere to strict requirements and filing deadlines. Failure to do so could result in denied claims or delayed payments.
Expressly, a workers’ comp claim in Lafayette may be denied if the injury was allegedly caused by:
- Willful intent to harm self or others
- Intoxication
- Unprovoked physical altercation
- Horseplay
Employees dealing with a denied claim are not without options for legal recourse. However, the appeals process for having your workers’ compensation case reviewed again could take six to nine months.
What Injuries Are Covered Under Workers’ Comp?
Louisiana workers’ compensation insurance covers various illnesses and injuries that occur in the workplace. Covered conditions may fall under the following categories:
- Injuries that develop over time: Employees who perform the same physical task every day or are exposed to toxic substances may develop repetitive motion injuries or occupational illnesses over time.
- Sudden accident injuries: Unexpected events can cause severe injuries and death.
- Stress-related injuries: Workers’ comp covers mental injuries that result from sudden, unexpected stress in the work environment. However, these injuries may be more challenging to prove and typically require substantial evidence.
Contact A Workers’ Compensation Attorney In Lafayette For Help With Your Claim Today
Workers’ compensation insurance may be able to help you provide for your loved ones as you recover from your work-related injuries. However, employees who enter the workers’ comp process without a legal advocate could be exposed to delays, denials, and disputes.
Whether you need assistance navigating the complexity of filing a claim, have questions about an existing claim, or want to hear about your rights to a lawsuit, a Lafayette workers’ compensation lawyer has the resources to show you your options. Contact Laborde Earles Injury Lawyers today to schedule a consultation.
