Find out more about how to pursue your case and how a Metairie personal injury lawyer at Laborde Earles can help. Our team can handle your legal issues and the workers’ compensation claims process while you rest and recover.
What Injuries and Incidents does Workers’ Compensation Cover?
Workers’ compensation benefits can give you and your family peace of mind while coping with a work-related injury. However, simply suffering an on-the-job injury is not enough to warrant a workers’ compensation claim.
You will need to meet strict eligibility requirements if you hope to get your claim approved. Workplace accidents that may warrant a workers’ compensation claim can include:
- Tractor-trailer collisions
- Motor vehicle accidents
- Machinery accidents
- Equipment malfunctions
- Accidents causing traumatic brain injuries
- Electrocutions
- Toxic chemicals
- Fires and explosions
- Trench and ground collapse
- Building collapses
- Spinal cord injuries
- Construction accidents
- Overexertion
- Factory accidents
- Bulldozer accidents
- Crane accidents
- Forklift accidents
- Wrongful death accidents
These are only a few of the ways in which you might have suffered a work-related injury. You might still have grounds for a claim if you were involved in another accident or had other damages.
However, the insurance company may fight back and deny your claim. Our Metairie workers’ compensation team can handle your claim, appeal a denial of benefits, and offer legal advice.
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.
ClientAre You Eligible for Workers’ Compensation Benefits in Metairie?
Workers’ compensation laws can be complex. Your employer is required to protect you with coverage from the first day you begin working. This is true whether you are considered a temporary employee, a seasonal employee, a full-time employee, or a part-time employee.
As long as your injuries occurred within the scope of your employment and they meet the Office of Workers’ Compensation Administration (OWCA) requirements, you should be eligible for workers’ compensation benefits. However, the insurance company may argue that the injuries did not occur within the scope of your employment. Your attorney will be ready to support your claim with evidence.
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 | ClientMetairie Workers’ Compensation Benefits
There are a variety of workers’ compensation program benefits you can collect. Some of the benefits that may be available to you based on the circumstances of your case include:
- Disability benefits: Social Security Disability Insurance (SSDI) is designed to provide you with a portion of your lost income. The amount of time you can collect benefits and the amount of compensation for injuries you will be awarded will be based on the status of your injury, the type of injury, how much you were making before your injury, and the amount of work you can do despite your injury.
- Medical benefits: Your employer’s workers’ compensation insurance provider will be expected to cover all of your expenses related to your on-the-job injury. This includes ambulance fees, hospital bills, prescription medications, accommodations to your home, medical equipment, and future medical expenses and medical care.
- Vocational rehabilitation benefits: Vocational rehabilitation benefits are available to those who suffered injuries so debilitated they can no longer continue in their current line of work. By going back to school or obtaining on-the-job training, you may be able to find employment in another industry. The insurance company will be expected to cover these costs as needed.
- Catastrophic injury benefits: When an employee is diagnosed with a catastrophic injury, they may be entitled to a one-time, lump-sum payout of $50,000. Catastrophic injuries include the loss of multiple extremities or burns over 40% of the body.
- Death benefits: The surviving family members of those who passed away due to other job injuries could collect death benefits that amount to a portion of the decedent’s average weekly salary. The insurance company will also cover the decedent’s funeral and burial expenses up to $8,500 under Louisiana law.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientHow to Appeal a Denied Workers’ Compensation Claim in Metairie
Appealing a denied workers’ compensation claim can be time-consuming, especially when coping with injuries. When an injured worker works with a law firm, an attorney can handle the insurance company on their behalf. We may be able to avoid a formal appeal by providing the insurer with additional medical records, documentation of your injuries, witness statements, or other evidence.
However, should it become necessary, we will be ready to file a Dispute Claim for Compensation Form 1008 with the OWCA to start your appeal. Before your case goes before an administrative law judge in a hearing, we can work out the terms of your workers’ compensation claim in mediation with the insurance company and your employer.
However, if mediation proves unsuccessful, your attorney may suggest proceeding with your financial compensation appeal hearing.
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.
ClientGet Help from a Workers’ Compensation Attorney in Metairie Today
Workers’ compensation benefits could be valuable as you attempt to recuperate from your on-the-job injuries. If your claim for benefits has been denied and you are unsure how to proceed with an appeal, a Metairie workers’ compensation lawyer at Laborde Earles Injury Lawyers can explain your legal options.
Call us for your no-cost, risk-free consultation as soon as possible. While you focus on your health, we can handle your claim or appeal. Our law office can also help you hold a third party, such as a manufacturer or subcontractor, liable for your injuries in a lawsuit. Contact us today.
