Your family relies on you to provide for them, but your earning ability could be in jeopardy if you suffer a serious injury on the job. Although workers’ compensation is supposed to help with this situation, the insurance company might not approve your claim.
In these circumstances, you may need help pursuing benefits that are rightfully yours. A Marrero workers’ compensation lawyer from our law firm can help you file an appeal if you receive a claim denial. We will evaluate your case for free and do not charge upfront fees.
Contact us today to get started.
Workers’ Compensation Laws for Work Accidents and Injuries in Marrero
Some people are not aware they may qualify for workers’ compensation benefits. Louisiana law requires employers to provide workers’ compensation protection coverage for their employees. This medical and disability benefits coverage protects you if you get hurt on the job.
If you are a company employee, whether you work temporarily, full-time, part-time, or seasonally, you should be able to file a claim for workers’ compensation benefits if you get hurt at work. Our Marrero personal injury attorneys have extensive experience in this practice area and can help you get the compensation you deserve.
With that in mind, there are virtually limitless ways these work accidents and injuries can occur. Some of the more common ones include the following:
- Auto accidents
- Slip and fall incidents
- Commercial truck accidents
- Overexertion injuries
- Construction accidents
- Bulldozer accidents
- Factory accidents
- Injuries caused by defective equipment
- Accidents caused by negligent machine operators
- Scaffold accidents
- Being struck by falling objects
- Accidents leading to amputations
- Traumatic brain injuries (TBIs)
- Accidents that cause paralysis
- Exposure to harmful or toxic substances
- Repetitive stress injuries
- Ground or trench collapses
- Explosions, fires, and electrocutions
If you suffered harm in a work-related accident or sustained another on-the-job injury, you may still be able to get workers’ compensation benefits after an initial denial. The best way to find out about available legal options is to contact our workers’ compensation attorney serving Marrero.
Denial Reasons
If you were denied benefits, our law firm is here to assist you in understanding the reasons for the denial and exploring your options for a successful appeal.
Here are some common reasons why workers’ compensation claims may be denied:
- You missed the 30-day window to report your injury or illness to your employer, as the law requires.
- You did not file your application by the deadline.
- Your employer claims you caused your injury in some way.
- The incident did not happen in the workplace or on the clock.
Don’t lose hope after a denial. One of our attorneys can assess your claim, tell you whether you have a strong case for compensation, and help you with an appeal (if applicable).
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How Our Marrero Work Injury Lawyer Can Help Your Case
An experienced attorney can help you prove your case and show why you should receive workers’ compensation benefits.
If we manage your Marrero workers’ compensation case, we can:
- Collect evidence that proves your accident happened on the job site (e.g., an incident report, photos of your injuries or the accident scene, security video footage, medical documents, and witness statements).
- Challenge your claim’s denial for you, saving you time.
- Ensure you meet key deadlines for your application or appeal.
- Communicate with the workers’ compensation insurance company about your case.
- Negotiate an insurance settlement that covers your losses.
- Manage all case-related communications with the involved parties (e.g., phone calls, letters, emails).
- Always protect your interests and rights.
When you choose our law firm, our workers’ compensation lawyer will update you regularly about your case’s developments. We will also explain all laws affecting your case and advise you on any changes.
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Types of Workers’ Compensation Benefits in Louisiana
Many workers’ compensation benefits could be available depending on your case’s details. If you are approved for benefits, you will not necessarily collect every type of benefit offered, just the ones that apply to you.
The following types of workers’ compensation benefits may be available for on-the-job injuries in Marrero:
Medical Benefits Related to Your Work Injury
The insurance company is expected to cover medical expenses related to your work injury. This should include your co-pays, prescription medications, mental health counseling fees, diagnostic imaging costs, and other injury-related medical bills.
This will also include your future medical care if you do not settle your workers’ compensation claim for one lump sum.
Disability Benefit Scenarios
Disability benefits help injured parties stay afloat while they cannot work. These are meant to replace a portion of your lost income. The disability benefits you could collect can vary widely based on your injury, whether a scheduled or unscheduled disability, the amount of your income, and other variables.
Here are a few possible scenarios:
- Permanent total disability: You might be considered totally and permanently disabled if you are physically incapable of doing any work. Permanent total disability (PTD) benefits are available if your disability remains.
- Permanent partial disability: Permanent partial disability (PPD) benefits may be available if your work injury causes a permanent disability that does not completely prevent you from earning a living. You can collect about 2/3 of your average weekly salary until you reach maximum medical improvement (MMI) or can return to your regular job.
- Scheduled permanent partial disability: When you lose the use of certain body parts, Louisiana’s schedule dictates how long you can continue to collect benefits based on the type of body part lost. For instance, if you suffered a hand amputation, the schedule allows a maximum of 150 weeks.
- Unscheduled permanent partial disability: If you have suffered a permanent partial disability because of your on-the-job injury, you could collect PPD benefits for a maximum of 100 weeks. This may come into play if you are dealing with severe disfigurement, hearing loss, genitourinary system malfunctions, or respiratory system dysfunction.
- Temporary total disability: Temporary total disability (TTD) benefits may be available while you cannot work because you are healing from your injuries. TTD benefits are generally paid out at 2/3 of your average weekly salary. However, depending on your case, you could be paid as low as 20% or as much as 75% of the statewide average weekly wage. Generally, you can expect to collect TTD benefits until you reach maximum medical improvement or can go back to work.
Vocational Rehabilitation Benefits
Vocational rehabilitation benefits may be available if your injuries mean you cannot continue working in your current industry. In this situation, you’ll need compensation to return to school or enter a job training program. As explained in Louisiana Revised Statutes § 23:1226, your employer pays for this benefit.
Death Benefits
After losing a loved one who was fatally injured at work, surviving family members may be entitled to death benefits, which are a percentage of the decedent’s average weekly salary. The insurance company will also cover a maximum of $8,500 in funeral and burial expenses under Louisiana workers’ compensation laws.
And unlike in a wrongful death case, you do not have to prove another party was negligent to be eligible for this compensation.
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Speak With a Work Accident Lawyer in Marrero Today
Obtaining workers’ compensation benefits could make all the difference in your recovery if you were injured on the job. Your Marrero workers’ compensation lawyer at Laborde Earles Injury Lawyers is here to help you make the insurance company pay.
Start working on your workers’ compensation claim or appeal when you call our office for a no-cost, risk-free consultation. You can reach us by phone or through our convenient contact form when you are ready to start on your case.
Contact us now to learn what we can do for your case.
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