If you suffered an injury at work, you could receive workers’ compensation benefits. If your claim was unfairly rejected or you did not receive the benefits you qualify for, you could appeal the decision in your case.
You can hire a New Orleans workers’ compensation lawyer to represent you, so you don’t have to go through the appeals process alone. Our team has over 250 years of combined experience helping injured New Orleans employees recover benefits.
Who Qualifies for Workers’ Compensation?
Any employee who suffers on-the-job injuries or contracts an illness due to their job should qualify to receive workers’ compensation benefits. This includes, but may not be limited to, workers who are:
- Full-time
- Part-time
- Seasonal
Yet, employers and insurance companies unfairly deny workers with legitimate comp claims these benefits. A New Orleans personal injury lawyer could investigate the claim denial for you and help you present evidence to dispute it.
Reasons for Work Comp Denials
An employer or workers’ compensation insurance company may deny a claim for benefits for several reasons. The following are the most common reasons:
- Your employer disputes the nature of your injury: Your employer may claim that the injury did not occur due to work-related activities or that you intentionally hurt yourself.
- You filed late: You must meet certain deadlines when seeking workers’ compensation benefits. These include a deadline to report your injury and another to file your claim.
- Your claim lacked information: Incomplete paperwork can sometimes delay your approval for benefits. Other times, it can lead to an outright denial.
We represent injured employees and help them seek the benefits they need. You can call us to receive a free consultation and discuss your case with one of our attorneys.
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Types of Workers’ Compensation Benefits
Workers’ compensation is required to pay out certain benefits for eligible workers. If you are hurt on the job, you can file your claim and get these benefits, although it is not always easy. The types of benefits an experienced attorney can help you recover fall into four main categories:
Medical Coverage
Medical benefits help cover the cost of doctors’ visits, diagnostic tests, treatments, and any other medical bills resulting from occupational illness or injury. Certain procedures may not be covered, and some types of care, like physical therapy, may be limited to a certain number of visits.
In general, though, if you see an approved doctor and follow their recommendations for prescribed treatment, you should not receive a bill for your care. The workers’ compensation insurance should pay the doctor on your behalf.
Disability Benefits for Time Missed at Work
Disability benefits help make up for some of your lost wages. If your injuries prevent you from working, workers’ compensation can cover about two-thirds of your usual pay up to a set maximum. However, not everyone receives temporary total disability for the entire time they are away from work. Depending on the extent of your injury, a disability can be classified into one of four categories:
- Temporary total: This is for workers who cannot work for a short period. They return to work once they can.
- Temporary partial: This means an injury only partially disabled a worker, allowing them to work part-time while they heal. In some cases, they could work normal hours with reduced duties.
- Total permanent: This consists of injuries that cannot heal and prevent the worker from earning income in this same type of job in the future.
- Permanent partial: This means that an injury prevents a worker from earning as much income as they could before.
Vocational Rehabilitation
If you cannot work in the same field, vocational rehabilitation can help you find a job in a new field. You could also learn how to do your previous job with new impairments or physical difficulties under certain circumstances. Psychological rehabilitation may also be available if workplace injury causes trauma and mental anguish.
Death Benefits
If a worker dies due to an injury on the job, death benefits can be paid to the surviving spouse, children, and other dependents. This could include a one-time payment and reasonable funeral and burial costs.
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Filing a Personal Injury Lawsuit for a New Orleans Workplace Injury
In some cases, filing a personal injury lawsuit may still be necessary. For example, if the employer does not carry workers’ compensation insurance, if workers’ compensation does not cover all your damages, or if your injury was due to gross negligence by your employer or a third party, you may need to seek additional compensation through the legal system.
Like workers’ compensation claims, you have limited time to file a personal injury lawsuit in Louisiana. The statute of limitations, according to CC Art. 3492, is one year from the injury date, but this time frame can vary depending on your situation.
Filing a Wrongful Death Lawsuit After a Fatal Work Accident
If you lost a loved one in a workplace accident, workers’ compensation may not cover the expenses associated with losing your loved one. Our New Orleans wrongful death attorneys can help you seek the compensation you need to cope with losing your loved one. Losses we could include in your wrongful death claim include:
- Lost income
- Hospital expenses
- Burial and funeral costs
- Pain and suffering
- Loss of companionship
- Loss of counsel and affection
An attorney familiar with Louisiana workers’ compensation laws can review your claim and help you determine whether a personal injury or wrongful death lawsuit is what you need.
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Damages You Can Recover in a Personal Injury Lawsuit in New Orleans
Workers’ compensation typically covers medical expenses and lost wages, so individuals with serious or long-term injuries may not receive the full compensation they need to cover all the damages associated with a workplace incident.
Damages you could recover in a personal injury lawsuit for a New Orleans work-related injury include:
- Replacement or repair of property damaged in a work-related accident
- Lost quality of life
- Psychological distress
- Pain and suffering
- Reduced future income potential
- Chronic disability
- Medical equipment and long-term care
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How to Establish Fault in a New Orleans Workplace Accident
You could file a lawsuit instead of or in addition to a workers’ compensation claim if the accident was wholly or partially due to someone other than your employer. If the cause of your accident involved gross negligence by another party, you could sue them for additional compensation. Other at-fault parties in a workplace injury could include:
- The driver of another vehicle
- A negligent co-worker, supervisor, or another individual
- The company responsible for equipment repairs and maintenance
- The manufacturer of faulty equipment
- Local or state organization responsible for road maintenance, utilities, or other faulty facilities or infrastructure that contributed to the accident
Establishing fault is critical to your New Orleans workers’ compensation case, whether you are filing a claim with workers’ comp or a personal injury lawsuit. Our New Orleans attorneys can help you determine all the at-fault parties for your workplace injury, so you can seek the compensation you deserve for your losses.
How a Lawyer Can Help With An Orleans Parish Work Comp Case
Working with a New Orleans workers’ comp attorney from our firm can help you get the wage loss benefits and medical care you need to take care of your family until you can return to work. Our team is here to support you and manage your case.
We work based on contingency fees, so we don’t ask you to pay us anything upfront, and we do not charge by the hour. Instead, we get paid a percentage of the backpay or other lump sum you receive from our work on your case. We can discuss this in-depth before you sign our contract.
Our workers’ compensation attorneys are ready to work on your claim or appeal. When you hire an attorney to handle your workers’ compensation case, they can perform several services on your behalf. Our work injury attorney can:
Gather Evidence
This evidence can include medical records showing the extent of your injuries and their connection to your job. It can also include witness testimony from your co-workers who witnessed the injury or an expert in your field concerning the physical demands of your job.
Protect Your Rights
Our team can quickly assess the benefits you deserve based on your injuries and your case’s facts. We will handle all communication with the involved parties and fight for coverage and compensation for you. Our workers’ compensation attorneys understand how to protect our client’s best interests.
Allow You to Focus on Healing
When our team takes on your case, we handle all aspects of building your claim or denial and pursuing benefits for you. You can focus fully on getting treatment and recovering from your injuries.
You could return to work part-time or go back to your normal tasks and schedule. If you do, we will still pursue the back pay and other benefits you’re owed based on your workers’ compensation coverage.
Calculate Fair Financial Compensation
Your New Orleans workers’ comp attorney can calculate fair compensation by considering the extent of your injuries, the medical treatment they require, and how they will affect your future ability to make a living.
If you are still out of work, we can calculate how much your wage loss benefits should be, fight through any obstacles or challenge a denial.
Negotiate on Your Behalf
You do not have to negotiate with an employer or insurance company alone. Our workers’ compensation lawyers can negotiate on your behalf and make sure the benefits you receive cover your damages.
Contact Us for Your Free Work Accident Consultation
If you’ve suffered a work injury in New Orleans, LA, Laborde Earles offers complimentary consultations to injured workers, and we are ready to take your call. Our personal injury law firm is dedicated to helping you get justice and compensation as if you were one of our family members.
There is no obligation to work with us after this initial case assessment, so you have nothing to lose. Contact us today.
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