Louisiana Revised Statutes (LA Rev Stat) §23:1361 states you cannot be terminated because you have made a workers’ compensation claim. However, you may lose your job while on workers’ compensation if you are no longer able to perform the duties that your job requires.
A workers’ compensation lawyer can inform you of your rights as an employee suffering from a work-related injury or illness. A lawyer representing you may also remain in contact with your employer and their insurance company so that you may be aware of whether you could lose your job while you are on workers’ compensation.
If you or your lawyer believe that your termination is unjustified or comes as retaliation to your workers’ compensation claim, then your lawyer may take steps to hold your employer accountable.
Alternatives to Termination
Your employer may be required not only to pay you the workers’ compensation benefits that you deserve based on your injury or illness but also to make reasonable accommodations that could allow you to remain in your job once you are able to return to work.
Your employer may take several steps to help you transition back into the workplace, including:
- Employing the help of independent organizations that specialize in injured or sick employees returning to the workplace safely, also known as vocational rehabilitation services
- Attempting to modify your position to any reasonable extent so that you may do your job without re-injuring yourself
- Providing retraining for a new position
The Louisiana Workforce Commission (LWC) explains that you may also be entitled to vocational rehabilitation training for a period of up to 26 weeks.
Losing your job while you are on workers’ compensation should generally be a last resort. If your employer does not exhaust the options available to help you return to work, then you may be able to file a dispute with the workers’ compensation court or take other legal measures. A workers’ compensation lawyer may be able to help you with these matters.
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ClientReceiving Fair Benefits for Your Injuries
Before you consider dealing with the issue of returning to work or being terminated, you may want to make sure you understand your rights and how they may pertain to your receiving benefits for your work-related injury or illness.
LA Rev Stat §23:1221 details the various benefits that you may receive through workers’ compensation. All employees covered by workers’ compensation may generally be entitled to:
- A portion of their lost income, generally two-thirds of the average weekly wages that they received before becoming injured or sick
- Medical costs from their on-the-job injury or illness
There are variables that could impact how much workers’ compensation you receive, and for how long you can receive benefits. Some of these variables include:
- The specific injury you suffered or illness that you have developed
- The symptoms that arise from your injury or illness
- Whether your injury is categorized as partial or total
- Whether your condition is categorized as temporary or permanent
- Your response to treatment
A lawyer can help you consider the specific details relevant to your workers’ compensation claim or any lawsuit that stems from your work-related injury or illness. A lawyer can typically handle your workers’ compensation claim process from start to finish, dealing with any issues that may arise.
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Rick Smith | ClientCall Laborde Earles Injury Lawyers Today
Laborde Earles Injury Lawyers helps injured workers in and around Lafayette and Alexandria. If you qualify, we may be able to handle your workers’ compensation case and pursue compensation on your behalf while you focus on recovering from your injuries.
Laborde Earles Injury Lawyers can stand up to your employer and their insurance company and handle all communications with these parties when we represent you. We can also assist you with filing a dispute with the workers’ compensation court about your employer’s conduct regarding your return to employment and the vocational rehabilitation services they may be responsible for providing you with.
If you would like help with your case or if you are concerned about losing your job while on workers’ compensation, call Laborde Earles Injury Lawyers today at (337) 777-7777 for a free consultation on your case with a member of our team. We can go over your case, your injuries, and your legal options. If you qualify, we may offer to represent you on a contingency-fee-basis.
