Workers’ compensation gives employees a financial safety net in case of accidents. However, getting the money you deserve is not always as easy as it should be. The insurance company may not cover medical treatments necessary for your recovery. They may even deny your claim altogether.
A Marksville workers’ compensation lawyer from Laborde Earles Injury Lawyers can help you fight for the benefits you need. We represent clients on a contingency-fee basis, so you won’t owe us anything unless we get you compensation.
Find out what one of our Marksville personal injury lawyers could do for your case during a free, no-obligation case review.
Do I Qualify for Benefits?
Unsure about whether you qualify for workers’ comp benefits? The Louisiana Workforce Commission (LWC) explains how to apply for workers’ compensation benefits and what to do if your claim is denied. An attorney from our firm can help you with each of these processes.
Filing for Benefits
First, make sure your employer has coverage through a workers’ compensation insurance company. Most employers are legally obligated to carry this insurance. However, a few exceptions exist. Most of these exceptions depend on your industry, not what kind of employee you are.
In other words, you may be entitled to workers’ compensation if you work:
- Full-time.
- Part-time.
- Seasonally.
- As a contractor or subcontractor (in some cases).
Report your injury to your employer as soon as possible. Once you have been off the job for seven days due to work-related injuries, the employer must generally file a workers’ comp claim on your behalf. Special types of compensation may be available if you can still work in a limited capacity.
If all goes well, your claim will be accepted, and you can begin receiving benefits.
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.
ClientLouisiana Employees May Be Entitled to Compensation for On-the-Job Injuries
Louisiana Revised Statutes (RS) §23:1020.1 entitles you to receive wage replacement benefits for temporary or permanent disability and free medical care for your work-related illness or injury. All jobs come with risks, but some have a higher risk of serious injury or occupational illness than others.
Depending on your job and workplace, you may be at risk of injury from:
- Falls, either from heights or by tripping or slipping.
- Electrical shocks or burns.
- Exposure to toxic substances.
- Chemical burns.
- Motor vehicle accidents.
- Accidents with heavy equipment or power tools.
Workplace injuries like these can turn your life upside down. You may have suffered an injury or combination of injuries, such as:
- Head or brain injury.
- Bone fractures.
- Neck injury.
- Back injury.
- Shoulder injury.
- Amputation (or loss of use) of an extremity.
- Occupational disease.
Aside from an injury’s physical symptoms, you might also be dealing with the stress of financial problems. Workers’ compensation may alleviate that pressure. This compensation may provide you with income until you can return to work.
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 | ClientYour Responsibilities When Seeking Workers’ Compensation
As an injured worker in Louisiana, you have specific obligations to fulfill when pursuing workers’ compensation benefits. Understanding and meeting these responsibilities helps protect your right to compensation.
Your first responsibility is to report your injury promptly. Louisiana law requires you to notify your employer within 30 days of the accident or injury diagnosis. Failure to report within this timeframe could jeopardize your claim, even if you have legitimate injuries.
Keep detailed records of all medical appointments and follow your doctor’s treatment plan precisely. Missing appointments or failing to follow medical advice could give the insurance company grounds to deny or reduce your benefits.
Medical Treatment Compliance
You must be honest and thorough when describing your injuries to medical providers. Failing to mention previous injuries or exaggerating symptoms can damage your credibility and affect your claim’s outcome.
When your doctor provides work restrictions, you must follow them carefully. Returning to work too soon or performing tasks beyond your restrictions could worsen your injury and compromise your benefits.
If your employer offers modified duty work within your restrictions, you generally must accept it. Refusing suitable work could result in the termination of your benefits. For more information about your responsibilities, speak with our Marksville workers’ compensation attorneys.
Documentation Requirements
Maintain copies of all paperwork related to your claim, including:
- Medical bills and records
- Communication with your employer
- Work restrictions from your doctor
- Pay stubs showing lost wages
- Mileage logs for medical appointments
Contact our law firm if you’re unsure about your responsibilities or need help protecting your workers’ compensation benefits rights.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientPermanent vs. Temporary Disability Benefits
Two of the most important benefits you may recover in a workers’ comp claim are temporary or permanent disability benefits. These benefits provide different levels of compensation based on your injury’s severity and long-term impact.
Temporary disability benefits provide compensation while you recover from your work injury. These benefits typically amount to two-thirds of your average weekly wage and continue until you can return to work or reach maximum medical improvement.
If your doctor determines you can perform some work duties with restrictions, you may receive temporary partial disability benefits. These benefits help make up the difference between your pre-injury wages and what you can earn while working with limitations.
Permanent Partial Disability
Permanent partial disability (PPD) benefits apply when you’ve reached maximum medical improvement but have a lasting impairment that doesn’t completely prevent you from working. The amount and duration depend on the body part affected and the impairment rating.
Louisiana law provides specific schedules for PPD benefits based on the injured body part. For example, the loss of use of an arm may qualify for different benefits than a back injury.
Permanent Total Disability
Permanent total disability (PTD) benefits come into play when your work injury leaves you permanently unable to engage in any type of gainful employment. These benefits can continue indefinitely at the same rate as temporary total disability.
You may qualify for PTD benefits if you’ve lost the use of both hands, arms, feet, legs, or eyes, or any combination of these. Other severe injuries that prevent you from working in any capacity may also qualify.
Supplemental Earnings Benefits
Some workers may qualify for supplemental earnings benefits when they can return to work but earn less than 90% of their pre-injury wages. These benefits can help bridge the gap between current and previous earnings.
Contact our workers’ compensation attorneys in Marksville to understand which disability benefits apply to your situation. We can help ensure you receive the full compensation you deserve based on the severity of your injury and its impact on your earning capacity.
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 You Receive a Claim Denial or Inadequate Benefits
If your employer or the workers’ compensation insurance company refuses to pay the settlement and payments you deserve or denies your claim outright, options remain. Getting a worker’s compensation lawyer can help you achieve a positive outcome.
If necessary, you or the other party may request formal mediation. Having our law firm on your side in this situation can help you prepare for mediation, identify possible issues with your application, and determine whether an appeal is necessary.
Requesting Mediation or Filing a Complaint
During a Louisiana workers’ comp mediation, a trained mediator will sit down and talk with you and the other party. Their job is to help you reach an agreement.
While mediation can be helpful, you are not obligated to accept anyone else’s suggestions or offers. Neither is the other party. The Office of Workers’ Compensation Administration (OWCA) further outlines your right to mediation.
If all else fails, you may file a formal complaint with the local OWCA office. This may involve filling out a form and, in most cases, paying a fee. We can also help with this process.
Our team will work to secure a positive outcome if you run into trouble with your employer or insurance company when applying for benefits. We will fight relentlessly on your behalf to get the money you need.
Hiring a Marksville Workers’ Compensation Attorney Can Provide Several Benefits
Filing a workers’ compensation claim and going through mediation may be a lot of work, especially if your injury has left you feeling less than your best. You deserve the opportunity to focus on your recovery, not complex legal matters.
A workers’ compensation lawyer in Marksville, LA, can help you fight for compensation while minimizing your work on this personal injury claim. Let us deal with your employer and their insurance company on your behalf.
We can work on your case by:
- Identifying your options: Every case is unique. Call us today to tell us the specifics of your situation. We can work together to build a claim that aligns with your priorities.
- Submitting paperwork: You do not have to worry about completing paperwork correctly or forgetting strict deadlines. Your lawyer can either complete the paperwork or double-check your work to ensure everything is accurate.
- Collecting evidence: Documentary evidence, such as medical records, may support your claims about the accident and injury. Such evidence can persuade an insurance company to approve your claim.
- Representing you at meetings: Negotiating with an insurance company can be challenging. Let our law firm do it for you. No matter how far you want to take your case, we will remain by your side through every step.
- Being available: Our team will regularly inform you of the progress of your case. If you have any questions, contact us. Someone from our team can take your call and answer your questions.
Whether you are filing a claim for your workplace injuries or the death of a loved one, you do not have to go through this process alone.
Our Marksville Lawyers Can Help After a Workplace Injury
If you or a loved one has suffered workplace harm in Avoyelles Parish, please get in touch with our firm. The workers’ compensation process can be confusing, and one wrong move could prevent you from obtaining fair coverage.
Hiring a Marksville workers’ compensation attorney as soon as possible can:
- Allow you to focus on recovery: We urge you to get medical help for your injuries or illness. You must also see doctors, rest, and rehabilitate yourself. We can handle your workers’ compensation claim while you put your recovery first.
- Prevent you from making critical mistakes: What you don’t know can harm your workers’ compensation claim. Saying something you shouldn’t or failing to take action may have direct financial consequences. Our firm’s guidance can prevent you from making costly errors.
- Act on your behalf: A workplace injury can be frustrating. When you cannot work and don’t know how to file a claim, you need someone to assist you. Our firm will review your case and take action on your behalf. You will have peace of mind knowing your claim is in capable hands.
Your employer and their insurance company do not represent you. Our firm will put your interests first throughout the claims process.
What Sets Us Apart From Other Law Firms?
We want every client to have a lasting, positive impression of our firm. We’ll go the extra mile for you by:
- Providing you a forum to tell your story: We believe a strong claim tells the client’s story. More than anyone else, you know how your workplace accident happened. You also know how your injuries have affected your life. When we meet with you, we will give you the time and opportunity to tell the story of your case.
- Accommodating your special requests: We view each client as a person, not just another case. Each injured worker we represent has a personal goal for their claim, and we do our best to accommodate their special requests.
- Using our firm’s resources on your behalf: Our law firm has vast resources that may benefit your case. In addition to your attorney, you’ll get the help of paralegals, investigators, and other experts. We’ll also handle every expense necessary to complete your claim instead of charging you upfront.
Our Marksville office knows the local area and may even be familiar with your employer. We will put our knowledge and experience to work in your case.
Our Previous Clients Are Thrilled With Our Services
No one understands the benefits of working with us better than our past clients. Our clients across Louisiana have left rave reviews about the representation they received.
Every injured worker should consider past client reviews when hiring a lawyer. These testimonials provide an objective view of what you can expect from our firm. As you can tell, our attorneys take every possible measure to satisfy our clients and secure fair compensation.
Contact our Marksville Workers’ Compensation Lawyers for a Free Consultation
When you hire our firm, a Marksville workers’ compensation lawyer can work with you to pursue the workers’ compensation you might be entitled to receive. Whether you just started the claims process or have already been denied workers’ compensation benefits, Laborde Earles Injury Lawyers is ready to take on the workers’ compensation insurance company for you.
Our initial consultation is free, so there’s no risk in seeking our legal advice. And when you hire one of our workers’ compensation attorneys in Marksville, LA, you can relax while we fight for you. Please fill out the online contact form or call our Marksville office today.
