Louisiana workers’ compensation insurance provides financial benefits to injured employees or their surviving family members. If you were injured at work or a family member was fatally wounded, you may be entitled to benefits to help you pay for your incurred costs. You can speak with a Lafayette personal injury lawyer to help you pursue compensation.
Our firm has helped injured workers and their families claim substantial compensation, and we’re ready to help you too. With over 250 years of combined experience, we have the skill and knowledge to go up against any company, including large corporations.
A Lafayette workers’ compensation lawyer from our firm can evaluate your case and help you pursue damages. We work on a contingency basis, so there is no fee unless we win your case. Contact us for a free consultation regarding your work-related injury claim.
Who Qualifies for a Workers’ Compensation Claim in Lafayette?
According to the Louisiana Workforce Commission (LWCC), most employees qualify for workers’ compensation if injured on the job, regardless of employment status.
Qualifying employees can be full-time, part-time, seasonal, adults, or 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. A workers’ compensation lawyer from our firm can confirm whether you qualify to recover benefits.
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What Injuries Are Covered by Workers’ Compensation?
Louisiana workers’ compensation insurance covers various illnesses and injuries that occur in the workplace. Covered conditions include, but are not limited to:
- Back and spinal cord injuries
- Head and traumatic brain injuries (TBI)
- Fractured and broken bones
- Exacerbated pre-existing conditions, such as worsened back pain due to heavy lifting
- Muscle tears and strains
- Repetitive motion injuries like carpal tunnel, back strain, and tendinitis
- Disfigurement, burn injuries, and amputation
- Punctures, cuts, and lacerations
- Nerve damage
- Hearing and vision loss
- Occupational diseases from exposure to harmful chemicals
Common Causes of Workplace Injuries & Fatalities
According to OSHA, the leading causes of workplace fatalities include falls, electrocutions, “caught-in/between” accidents when a person is crushed or stuck between objects, and “struck-by” accidents when a person is struck while positioned between fixed and moving objects.
Some of the most common workplace injuries are caused by trips, slips and falls, including slipping on wet or oily floors and falls from roofs or ladders. Other causes include vehicular accidents, falling objects, dangerous contact with equipment, and exposure to hazardous chemicals and environments. In addition, injuries from repetitive movements and heavy lifting are common.
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Do I Need to Hire a Workers’ Comp Lawyer?
The insurance adjuster may tell you that you don’t need a lawyer, but keep in mind that they have defense attorneys on their side reviewing all of their claims. Insurance companies are out for their own best interests, which also means that they’ll try to save money in any way possible. This could impact you by limiting your income benefits and access to paid medical care.
Furthermore, many workers’ comp cases are not as straightforward as one might imagine, so a lawyer may be essential. For example, if it is perceived that an injury occurred while an employee was engaged in personal business or performing certain tasks outside of their scope of work, an employer and their insurance company may try to escape responsibility.
There may also be other parties involved from whom you could potentially seek compensation, such as an equipment manufacturer or property owner. Due to these and other factors, it is highly advised to discuss your specific situation with our workers’ comp lawyers in Lafayette, LA.
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How Do I Make a Claim?
All employers in Louisiana, except those under statutory exemptions, 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 completing a First Report of Injury form. Once you submit this form it will initiate the claims process and an LWCC claims service agent will respond to your injury report.
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What Do the Benefits Consist Of?
Covering basic living expenses can be challenging when you cannot earn a living. Fortunately, you may find financial relief through your employer’s workers’ compensation coverage.
As an injured worker, it’s normal to wonder what benefits you could receive if approved for workers’ compensation.
The different types of workers’ compensation 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 around two-thirds of your weekly pay.
You can often 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 workers’ compensation attorney to help you get your benefits reinstated.
Medical Benefits
The insurance company should cover all medical expenses related to your work injury. This includes your medical care, along with other expenses.
You should also expect the insurance company to cover your ambulance bills, the cost of your mental health counseling, expenses associated with physical or occupational rehabilitation, co-pays, prescription medication fees, and all of your injury-related medical care in the future.
For this reason, you should never accept a lump-sum settlement offer from the insurance company without first discussing your options with your attorney.
Vocational Rehabilitation Benefits
Vocational rehabilitation benefits may be available if you have permanent injuries. To qualify, your injuries must be so severe that you can no longer continue in the same line of work.
To recover vocational rehabilitation benefits, your comp attorney must show that you must take classes or obtain further job training to re-enter the workforce. The insurance company is supposed to cover these expenses in full.
Other Benefits
In addition to the above-mentioned benefits, other benefits may be available depending on your case’s circumstances. For example, you may be entitled to catastrophic injury, death, or other workers’ compensation benefits on a case-by-case basis.
Death benefits, in particular, could cover a loved one’s funeral and burial expenses and provide surviving family members with disability benefits amounting to around two-thirds of the decedent’s average weekly wages.
You can determine which benefits are available when discussing your case with a Lafayette workers’ compensation attorney.
How Can a Lafayette Lawyer Help Build Your Claim?
The workers’ compensation process can get confusing, especially if this is your first time filing a claim. This puts you at risk of having your claim denied on a technicality or due to a 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 parts of Louisiana, so we understand the state laws that 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 the course of your duties and verifying other claims in your report.
- Filling out paperwork and submitting your claim before the applicable deadline.
- 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 denials of your claim if necessary.
We can also help with other issues that may arise during your case. Our legal team is available for counsel if you have questions about the claims process.
When Is Filing a Lawsuit Necessary in a Work Accident Case?
Although workers’ compensation is designed to provide injured employees with the compensation necessary to recover, it also 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 being injured at work, you must file a personal injury lawsuit against a liable party within one year of the injury date. Failure to meet this deadline can result in your case being dismissed.
Other factors may affect or extend the statutory deadline attached to your case, such as whether your work-related accident involves a government entity. Our personal injury attorneys can review your claim and tell you exactly 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 rely on the workers’ compensation system. However, in Louisiana, you can sue your employer if they force you to work in unsafe conditions.
If this situation applies, you can hold your employer liable for injuries and damages you suffer.
You May Be Able 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 causing the accident.
- A manufacturer of faulty equipment or machinery.
- A maintenance company that failed to repair 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 restitution 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, including full wages and benefits
- Reduced earning potential
- Diminished quality of life
- Psychological trauma
- Pain and suffering
- 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 losses related to losing their loved one.
Our compassionate team will be sensitive to your situation and estimate a fair value for your case. We can discuss other compensatory damages you may pursue during a free consultation.
There Are Limits on What Employees Can Collect
If you’re planning on filing a claim with or without a workers’ compensation attorney, there are a few things to remember. Understanding the following information can give you a better chance of recovering damages:
No-Fault Compensation
Unlike a personal injury lawsuit, a workers’ comp claim does not require an injured employee to prove fault when pursuing benefits.
However, workers who accept workers’ compensation insurance cannot file a lawsuit against their employer.
Compensation Amount
Periodic payments or lump-sum settlements may be insufficient to cover all current and future recovery costs.
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 or Denied 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.
In addition, 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 oneself 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, LA
Workers’ compensation insurance could help you provide for your loved ones as you recover from work-related injuries. However, employees who enter the workers’ comp process without a legal advocate could be susceptible 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, we are here to help. One of our workers’ compensation lawyers in Lafayette, LA, has the resources to explore all your options.
Contact our legal office at Laborde Earles today to schedule a free consultation.
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