Do You Need a Lawyer for a Baton Rouge Workers’ Comp Claim?

There are many benefits to hiring an attorney for your workers’ compensation issues and many reasons it is not a good idea to go it alone. A skilled lawyer brings peace of mind during a difficult time and helps you avoid many common mistakes.

While you focus on recovering from your injuries, our lawyers can handle your claim. 

 Some of the ways our Baton Rouge workers’ compensation attorneys can help include:

  • Answer questions surrounding your claim
  • Explain workers’ compensation laws
  • Determine if you can pursue a potential personal injury lawsuit
  • Handle all communications in your case
  • Complete all necessary paperwork
  • Meet all applicable deadlines
  • Collect evidence that your accident occurred at work
  • Document the full extent of your work-related injury
  • File your workers’ compensation claim
  • Help with the appeals process
  • Negotiate for a fair compensation settlement

We can calculate your maximum compensation based on the total value of your damages and use this figure in settlement negotiations. You may receive a lump-sum settlement or periodic payments for your workers’ compensation benefits.

What Injuries Does Louisiana Workers’ Compensation Cover?

Under Louisiana law, almost any injury or illness resulting from your job or work may qualify for workers’ compensation insurance coverage. If you suffered any of the following injuries and need medical care, you may qualify:

Traumatic Injuries

Benefits should cover medical expenses for severe injuries during a single event, such as broken bones, spinal cord injuries, or traumatic brain injury.

Chronic Injuries

Injuries that develop slowly and cause ongoing concerns, known as chronic injuries, may also qualify for work comp. You may have a chronic injury if you have ongoing pain in your back, knees, or other body parts. Some of the most common chronic injuries that require medical care are joint injuries and overuse injuries that occur when you perform repetitive motions.

Work-Related Illnesses

Regardless of what your job is, you could suffer an illness. This often occurs because of something you were exposed to at work. For instance, exposure to dangerous chemicals throughout your career could lead to respiratory issues later in life.

Workers’ comp insurance can cover the injuries mentioned above, and our Baton Rouge team can review the details of your accident to confirm if you qualify.

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Injuries Not Covered by Workers’ Compensation

There are exceptions to workers’ compensation coverage. Your employer and insurance company may try to claim that your work accident was one of the following situations to avoid paying out:

  • You intentionally caused the accident
  • The accident occurred because of horseplay
  • You were drunk or intoxicated

Our lawyers can help you challenge a denial of your benefits or take other steps to secure fair compensation if the insurer denies your workplace injury claim.

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What Benefits You Can Receive After You’re Injured at Work

In Louisiana, workers’ compensation is a no–fault system. You may be eligible for benefits no matter how your workplace injuries occur. If you’re injured on the job, workers’ compensation pays for:

  • Two-thirds of the average wages you earned before the injury
  • Accident-related medical expenses

However, insurers can unfairly deny some injured employees the compensation they qualify for. Your employer or insurance company may try to contest your claim. Alternatively, they could offer you a compensation settlement that does not reflect the benefits you should receive. If this happens to you, a Baton Rouge workers’ compensation lawyer can help you secure benefits or fair compensation based on the details of what happened to you, your lost income, and your medical bills.

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Wesley’s professionalism and compassion truly set him apart. He made a stressful situation so much easier, and I’m incredibly grateful for all of his hard work. I highly recommend Wesley and the entire Laborde Earles team. They really do put their clients first.

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Mr. DC and Amber have always been available to answer my questions and concerns. I have never doubted that they were working on our side and have had our best interest and our well being as a priority. I would recommend them to friends and family. My case had some extenuating circumstances and they both worked diligently to help us. I am very thankful for their service and dedication to us.

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Can You Sue Your Employer for a Workplace Injury?

You cannot usually sue your employer for a job–site injury, except in cases of intentional misconduct, illegal behavior, or negligence. However, you may have a case against other liable parties. If a third party was liable for your work accident, you could file a personal injury lawsuit against them in addition to your workers’ comp claim. Liable third parties could include:

  • The manufacturer of a defective power tool that failed while you were working
  • A driver who caused a car accident while operating a delivery vehicle
  • A fall injury that occurred on a third-party site during a visit to work

How Long Do You Have to File a Work Comp Claim in Louisiana?

Injured workers have one year to file a lawsuit for their work injury in Louisiana due to the Louisiana statute of limitations. Our worker’s compensation accident lawyers in Baton Rouge can clarify how long you have to file your claim and help you understand the next steps.

Injured Seamen and the Jones Act

Some workers may not qualify for workers’ compensation under Louisiana law. This law does not cover marine workers, such as fishermen, oil rig workers, industrial sailors, or seamen. Instead, the Jones Act offers protection to maritime workers injured on the job.

Baton Rouge is on the Mississippi River and less than 60 miles from the Gulf of Mexico. Some workers in East Baton Rouge Parish may work on the water or in other industries covered under the Jones Act. The Jones Act offers benefits similar to workers’ compensation for seamen injured at work in open water.

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Contact a Baton Rouge Workers’ Compensation Attorney Today

A workplace injury could mean weeks or months away from your job and an uncertain financial future. Our Baton Rouge workers’ compensation attorneys can help ensure you are taking the right steps to get the benefits you need for yourself and your family.

Our team at Laborde Earles has advocated for injured victims since 1995. Contact us today for a free consultation and find out how we can help.

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