How are you supposed to pay for the medical expenses that come with a workplace accident if you can’t go back to work? You need to supplement your lost wages if you want to protect your financial future. A workers’ compensation lawyer in Lake Charles can help you get the compensation you deserve after your accident.
Filing a workers’ compensation claim in Lake Charles, LA, can help you recover your losses. Our team of personal injury lawyers in Lake Charles can help you file your claim within applicable deadlines and argue for your right to comprehensive financial support after a workplace injury.
Laborde Earles can break down workers’ compensation law and help you file your claim. Should the need arise, our Lake Charles personal injury lawyers can take additional legal action on your behalf. We have more than 350 years of combined legal experience that we’re prepared to put to work for you.
A Lake Charles Workers’ Compensation Lawyer Can Help
Various injuries and illnesses may occur at work and qualify for workers’ compensation benefits. Workers’ comp benefits may be awarded for:
- Unexpected or unforeseen accident injuries
- Mental injuries
- Injuries or illnesses that developed over time
Unexpected injuries can occur in many ways, such as from a slip and fall. Mental injuries may develop if you’re overworked and have excessive work stress.
You may also suffer mental injuries that have stemmed from a physical condition that occurred at work. Finally, injuries or illnesses that slowly develop throughout your employment may result from exposure to toxins or repeatedly performing physical tasks.
One of our Lake Charles personal injury lawyers can verify if your workplace accident or illness qualifies for compensation.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientYou Must Follow Certain Steps to File a Workers’ Compensation Claim
Following a workplace injury in Lake Charles, LA, injured workers must complete certain steps to file a workers’ compensation claim. If you do not file your claim correctly, you might delay the claims process and risk a claim denial.
If your claim gets denied, you may need to file an appeal to continue seeking benefits. To pursue compensation benefits, you must do the following actions:
Notify Your Employer
The first step to earning workers’ compensation benefits in Louisiana is to notify your employer of the injury or illness within 30 days. You can report your injury to a supervisor or a person of authority. If you do not notify your employer within 30 days, you may be unable to claim benefits.
Your notice to your employer may be in the form of a written document. The notice should include:
- Your personal contact information
- Details regarding your injury, such as the time, date, and location where the injury occurred
- How you suffered the injury
- Where the injury affected you, whether physically or mentally
Submit a Workers’ Compensation Claim
If you were injured at your workplace, you probably have many questions about your future. You may have suffered damages, such as lost wages and medical expenses, coming directly out of your pocket while you cannot work.
Filing a workers’ compensation claim in Lake Charles, Louisiana, can help you recover your losses. Our team of workers’ compensation lawyers in Lake Charles, LA, understands the struggles you face after a workplace injury. Our law firm can help you understand workers’ compensation law and help you build a case.
Receive Medical Treatment
If you were involved in a major traffic accident, you could suffer catastrophic injuries. For example, due to their size and weight, 18-wheelers can cause severe injuries to passengers of a smaller vehicle. Your 18-wheeler accident lawyer in Lake Charles will help you prove the extent of your injuries. But you can also take important steps to strengthen your claim.
By seeking medical treatment, you can strengthen your claim with evidence that proves you suffered an injury. You may visit your physician when seeking treatment for your work-related injuries. If there are varying medical opinions, the OWCA may bring in an independent medical examiner to review your injuries.
Handle a Possible Dispute
After the OWCA reviews your evidence and medical documentation, your workers’ compensation claim might still be denied. If so, you can file an appeal for your medical damages and lost wages.
Once you submit your appeal documents, you can either negotiate a settlement to earn benefits or have a judge determine the outcome of your claim.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientWho Qualifies for Workers’ Compensation Benefits in Lake Charles?
Many misconceptions surround the eligibility of different types of workers for workers’ compensation benefits after an accident in Lake Charles. For example, many injury victims believe they must work full-time hours to qualify for benefits. Others believe they must have been employed with the company for a minimum of 90 days before being eligible.
However, from the first day of your employment, your employer may be required to provide you with workers’ compensation protection coverage whether you are a part-time or full-time employee. Most businesses and companies in Lake Charles and across Louisiana must provide their employees with workers’ compensation coverage.
Failure to do so can result in penalties, including sanctions. Generally, as long as your injuries were within the scope of your employment, you should be entitled to workers’ compensation benefits. However, just because you meet the eligibility requirements does not mean the insurance company will settle your claim fairly.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientWhat do Workers’ Compensation Benefits Consist of?
After suffering a work injury, you may wonder what benefits you could collect to help you get through this difficult time. Fortunately, Louisiana workers’ compensation benefits include compensation for the following:
- Disability benefits amounting up to 75% of your average weekly earnings
- Full coverage medical benefits for your medical expenses as they relate to your work injury
- Vocational rehabilitation benefits if you are unable to return to work in your current industry
- Death benefits for surviving family members of individuals who passed away due to fatal work injuries
Generally, you can collect workers’ compensation benefits until you heal from your injuries and can return to work. However, depending on the type of injury you sustained, you may have a maximum number of weeks to collect workers’ compensation benefits.
You can learn more about which workers’ compensation benefits you could be entitled to and how long you can expect to collect them when you contact your workers’ compensation attorney in Lake Charles, LA, for help.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientWhat to Do if Your Workers’ Compensation Claim Is Denied?
Workers’ compensation claim denials in Lake Charles are far more common than you might think. Insurance companies do not like to pay out on claims, as it costs them money. However, some of the more common reasons insurance companies give for workers’ comp claim denials include:
- Failure to provide necessary medical documentation
- Lack of supporting documents
- Failure to follow your company’s code of conduct
- Self-infliction of injuries
- Being under the influence of drugs or alcohol at the time of the accident
These are just a few more common reasons insurance companies deny claims. Some are valid, but others are denied in bad faith. Your attorney can step in and address the denial on your behalf.
Our workers’ compensation attorneys could reverse the denial by giving the insurance company the information they need to approve your claim. However, if the insurance company remains steadfast in denying your claim, we may need to bring your case to court to maximize your compensation and hold the liable party accountable.
You May Be Eligible to File a Personal Injury Claim
You may be eligible to receive several types of benefits after sustaining a workplace injury in Louisiana.
If you suffered from an injury or illness at work, the Louisiana Workforce Commission (LWC) states you might be eligible for rehabilitation services, disability payments to make up a portion of missed wages, medical attention for the illness or injury, and benefits due to your survivors in the event of your death.
Your family may turn to a wrongful death attorney in Lake Charles in this situation. Additionally, your case may warrant a personal injury lawsuit if a third party was negligent in causing your injury or illness at the workplace. Recoverable damages from a personal injury lawsuit may include the following:
- Current and future medical bills
- Property damages
- Lost wages
- Future missed wages
- Limited earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment
- Loss of consortium
If you or a loved one in Lake Charles was injured at work, a Lake Charles workers’ compensation lawyer can protect your rights. Your lawyer can help you understand the workers’ compensation process, whether it ends with a settlement or a judgment.
Additionally, our Lake Charles, LA, personal injury lawyer may help you determine your appropriate legal recourse actions, such as if you should pursue a personal injury lawsuit against an employer or a third party.
Frequently Asked Questions
Does Surgery Increase a Workers’ Compensation Settlement?
Injury-related surgeries can increase a workers’ compensation settlement, but the relationship between surgeries and workers’ comp isn’t always straightforward. You have to account for the cost of the surgery, the treatment’s long-term impact on your life, and your estimated recovery time to determine the surgery’s dollar impact on your settlement.
How do Pre-Existing Injuries Affect Workers’ Compensation?
Workers’ compensation claims can see you compensated for aggravated pre-existing conditions. Injured parties will have an obligation to prove that their conditions worsened due to a workplace accident, though, and the validity of their claims may face scrutiny from both an employer and an awarding body.
You can work with a workers’ compensation lawyer in Lake Charles to outline the ways your pre-existing conditions worsened after a workplace injury when you meet for a free case evaluation. Our team can gather the evidence needed to elaborate on your claim as you continue to build up your workers’ compensation case.
Can You Collect Workers’ Compensation and Disability at the Same Time?
You may have the opportunity to collect workers’ compensation payments and disability compensation at the same time. You can work with an experienced attorney to determine whether or not you qualify for disability payments from the Social Security Administration (SSA) while pursuing a workers’ compensation claim.
That said, your combined income while benefiting from workers’ compensation and disability cannot exceed 80 percent of your pre-injury income, as stated by the SSA.
Can You Still Get Workers’ Comp in Louisiana if You Quit Your Job?
You have the right to quit working with a negligent employer after a devastating accident. However, if you’re receiving temporary total disability (TTD) or temporary partial disability (TPD) support, quitting your job may mean losing those benefits.
That said, you may maintain your workers’ compensation benefits if medical professionals and an insurance carrier claim that your post-accident disabilities are permanent. You may also argue that you haven’t yet reached maximum medical improvement (MMI) and thereby qualify for continued financial aid.
We recommend that you have a conversation with a workers’ comp attorney in Lake Charles to determine whether or not you may still get workers’ comp after quitting your job.
Do All Workers’ Compensation Cases End in a Settlement?
Not every workers’ compensation case ends in a settlement. There are some cases wherein you may want to avoid settling, as settling may require you to sacrifice your right to damages you otherwise deserve.
If your employer disputes your workers’ compensation claim or otherwise refuses to acknowledge the severity of your losses, our team can help you fight for the financial support you need to get back on your feet. We do not settle without talking to you and are prepared to go to court on your behalf.
Work With a Lake Charles Workers’ Compensation Lawyer to File Your Claim Today
When you’re pursuing work injury benefits in Louisiana, turn to the workers’ compensation attorneys in Lake Charles at Laborde Earles to guide you through the process. The sooner you act, the sooner our legal team can build a case for you. We want to help you fight for the work comp you may be entitled to receive.
Contact us today to begin your free consultation.
