If you’ve been injured on the job, you can file a workers’ compensation claim to recover lost wages, costs of medical treatment, and other relevant costs. Nearly all employers in Louisiana are required to carry a workers’ compensation insurance policy. But the claims process can be stressful and confusing, especially while you’re trying to recover.
What if your employer doesn’t have workers’ compensation insurance? What if your claim is denied? What if workers’ compensation isn’t enough to support you and your family? A Ville Platte workers’ compensation lawyer from Laborde Earles Injury Lawyers to get help with every aspect of your workers’ compensation claim.
A Workers’ Compensation Lawyer Can Help With Your Claim
The legal team at Laborde Earles Injury Lawyers has more than 250 years of combined experience in personal injury law. We’re dedicated to helping Louisiana’s workers get the financial compensation they need after a work-related accident. A workers’ compensation lawyer serving the Ville Platte area can handle many aspects of your claim, including:
- Gathering evidence to prove how your accident occurred and the severity of your injuries
- Completing your workers’ compensation paperwork and filing your claim before the deadline
- Taking all calls and emails from the insurance company
- Representing you in workers’ compensation hearings
- Appealing denials
- Filing a personal injury lawsuit against third parties or your employer as necessary
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Who Is Covered By Workers’ Compensation in Louisiana
Nearly all workers are covered under workers’ compensation, including:
- Full-time workers
- Part-time workers
- Seasonal workers
- Minor employees
- Some qualifying independent contractors and subcontractors
Some workers are typically not eligible to receive workers’ compensation benefits, such as:
- Domestic workers
- Real estate professionals
- Volunteers
Your workers’ compensation lawyer can help you understand whether you’re covered under your employer’s workers’ compensation insurance policy.
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What Does Workers’ Compensation Cover in Louisiana?
Workers’ compensation is meant to speed up the process of providing financial assistance to injured employees so they can get treatment and pay bills while they’re out of work. Generally, you can recover compensation for the following:
- Medical treatment for your work-related injuries
- Lost wages during treatment and recovery
- Mileage to and from appointments or medical procedures
- Vocational rehabilitation to help you gain employable skills should your injury prevent you from returning to your former role or employer
- Supplemental earnings benefits if you’re able to return to work but you don’t earn at least 90% of your pre-injury salary
- Disability benefits to cover lost income should you not be able to return to work
Qualifying family members may also claim workers’ compensation benefits after losing a loved one to a work-related injury or illness. Surviving family members may be able to recover a portion of their late loved one’s weekly earnings.
Does Workers’ Compensation Pay for Pain and Suffering in Louisiana?
No, most workers’ compensation claims do not include payments for pain and suffering. You may be able to file a personal injury lawsuit against a negligent third party to recover additional compensation, including for mental anguish, emotional distress, and inconvenience.
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Types of Workers’ Compensation Claims
Many injuries that occur at work or while on the clock qualify for a workers’ compensation claim. Some types of work-related injuries include:
- Repetitive motion injuries, like nerve damage, sprains, back injuries, and joint damage
- Illnesses that develop after being exposed to harmful substances
- Traumatic brain injuries (TBIs)
- Fractured bones
- Crush injuries
- Loss of limb injuries
- Loss of sight or hearing
- Mental injuries caused by sudden stress on the job
We also help workers from many different industries who’ve been injured in a wide variety of accidents. Some common accidents we’ve helped victims file workers’ compensation claims for include:
- Vehicle accidents
- Construction accidents
- Product or equipment malfunction
- Repetitive motion injuries or exposure to harmful substances
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Why Was My Workers’ Compensation Claim Denied?
An insurance company may try to deny your workers’ compensation claim if they believe:
- Your injury did not occur at work or while completing work duties
- You intended to harm yourself or others
- You were intoxicated
- You were engaged in “horseplay”
We can help you navigate the appeals process if your claim is denied. We will gather more evidence and even advocate for your needs in hearings.
How Much Does Louisiana Pay for Workers’ Compensation?
You may receive weekly or monthly payments to cover a portion of your wages while you’re out of work to recover from your work-related injury. Typically, these payments are approximately 66% (or two-thirds) of your weekly pre-injury income.
Currently, the maximum weekly benefit you can receive is $743, and this figure changes every September. At Laborde Earles Injury Lawyers, we know that this amount of money may not cover your regular expenses. We can help you assess your legal options for recovering more compensation.
How Long Can You Collect Workers’ Compensation in Louisiana?
Workers’ compensation benefits are available from the day you start your job. If your workers’ compensation claim is granted, you can receive payments for up to 520 weeks. The amount of time you’re able to receive payments depends on the severity of your injury and your ability to get back to work.
Can I Sue My Employer in Louisiana?
Generally, you are not able to sue your employer for a work-related accident. You must file a workers’ compensation claim instead, and you don’t have to prove your employer was negligent to file a workers’ compensation claim.
But you may be able to file a lawsuit against your employer for a work-related injury under these circumstances:
- Your employer doesn’t have a workers’ compensation policy but should by law.
- Your employer fails to cooperate with your workers’ compensation claim.
- Your employer forces you to work in unsafe conditions, which is a type of gross negligence.
- You were injured while working in a maritime setting.
You may also file a personal injury lawsuit against a third party whose negligence caused your injury. Some other negligent parties you may hold accountable include:
- Another employee
- A contractor or subcontractor
- A property owner or manager who failed to disclose hazards
- An equipment manufacturer who made the machine or equipment that injured you
- A driver or other motorist who caused the wreck that injured you
You can file a personal injury claim against another party while also seeking workers’ compensation benefits through your employer’s insurance company.
Trust Laborde Earles Injury Lawyers to Handle Your Workers’ Compensation Claim
Per the personal injury statute of limitations outlined in CC § 3492, you have two years from the date of your accident to file a personal injury lawsuit against a negligent party. Hiring a lawyer as soon as possible can help you meet this deadline should you want to pursue additional compensation outside of a workers’ compensation claim.
Contact our office today for a free case review. We’re ready to take on your case at no upfront costs or fees to you.
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