You can still get workers’ comp in Louisiana if you quit your job. However, you should consider working with a lawyer in your area who can examine your circumstances in detail and explain the repercussions of quitting. They could help you retain your medical care benefits upon leaving your job.
As an injured or ill employee in Louisiana, you can obtain medical benefits to treat your workplace injuries until you recover. You could also get financial benefits for the time you cannot work. A Lafayette workers’ compensation lawyer can help you understand the benefits you are entitled to and how to navigate the application process. In addition, they will help you compile all the information and documents the process requires.
How Quitting Your Job Affects Workers’ Comp Financial Benefits in Louisiana
Suppose your employer offers work after you recover from an injury or illness that qualifies for Temporary Total Disability (TTD) or Temporary Partial Disability (TPD) benefits. If you refuse to work or quit, the insurer could discontinue your benefits.
However, you could retain your eligibility for medical care and benefits if the insurer classifies your injury or illness as permanent. Workers who have not reached maximum medical improvement (MMI) might also be able to keep receiving necessary treatment at no out-of-pocket cost.
So, as you contemplate quitting your job, you might want to consult a workers’ compensation lawyer. They can help you have your disability rating adjusted to depict your ongoing or permanent inability to do the work requested. This is essential because if you have a permanent total disability rating, you cannot return to work, allowing you to continue receiving benefits.
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.
ClientBenefits of Hiring a Workers’ Comp Lawyer Before Quitting Your Louisiana Job
Obtaining workers’ compensation benefits is complicated—and it could become more so if you quit your job after sustaining a workplace illness or injury. Thus, it could benefit you to work with a local attorney who can help you:
- Examine the circumstances that you believe compel you to quit.
- Explain the consequences of doing so and the impact on your benefits.
- Review any actions by your employer that prompted you to consider leaving for any violations of your rights.
- Explore your options for obtaining a lump sum workers’ settlement.
- Obtain or review your medical evidence and disability rating.
Unless you have already done so, we recommend consulting a lawyer before quitting your job. A workers’ compensation attorney can bring an objective point of view to a tense and frustrating situation. Moreover, they can help you understand your choices and advise on your best decision.
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 | ClientWhat Is Workers’ Compensation in Louisiana?
While some jobs (e.g., construction and oil rig workers) have more inherent dangers than others, almost every occupation carries a risk of injury or illness. In Louisiana, a workplace injury could entitle you to monthly financial and ongoing medical benefits.
Employers who carry workers’ comp insurance per state guidelines provide these benefits to their injured employees. Benefits are also available regardless of who was at fault for an injury. Thus, you do not have to prove negligence to receive workers’ comp, but you might still have to prove the injury happened at your workplace or in relation to your duties.
If a workers’ compensation lawyer handles your case, they will clarify which injuries and illnesses qualify for benefits. In addition, they will handle communication on your behalf and keep you updated throughout the process so that you can focus on your recovery.
Financial Benefits for Eligible Workers’ Comp Recipients in Louisiana
In general, you receive 66 2/3 of your average weekly wages for the time that you cannot return to work, according to Louisiana Department of Insurance (DPI) guidelines.
Financial benefits are typically awarded in the following four categories:
- Temporary Total Disability (TTD) benefits for employees who cannot work for a limited time but can return after sufficient recovery.
- Permanent Total Disability (PTD) benefits for employees whose injury or illness will permanently prevent them from working even after achieving MMI.
- Temporary Partial Disability (TPD) benefits for employees who cannot work at their usual capacity for a limited time but will be able to return to that capacity post-recovery.
- Permanent Partial Disability (PPD) benefits for employees who could return to work but with restrictions or limitations after their recovery period.
Your attorney will review your case and documents to avoid having your injury miscategorized. They can also help you avoid having your average weekly benefits miscalculated, which would result in a lower compensation amount than you are entitled to receive.
Medical Benefits for Eligible Workers’ Comp Recipients in Louisiana
You should not incur medical expenses to treat an injury or illness you suffer at your place of employment or during your work. Your workers’ comp’s medical benefits will cover these expenses, which might include the following:
- Emergency care
- Hospitalizations
- Rehab and therapy
- Assistive medical devices
- Required medications
- Surgical procedures
Your medical care will be covered from when your injury or illness occurs until you reach MMI. Per RS 23:1121, you can choose your healthcare provider. They will treat and monitor your medical condition and determine when (or if) you can return to work.
The best way to understand your rights and benefits as an injured or ill employee is to review them with a law firm in your area. Their team will review your case in detail and explain your options.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientLearn More About Your Workers’ Comp Rights in Louisiana
If you sustained an injury or became ill due to conditions at your Louisiana workplace, you might qualify for workers’ comp benefits. However, you could put your eligibility for benefits at risk if you voluntarily leave your job based on many factors.
Find out if you can still get workers’ comp in Louisiana if you quit your job by contacting one of our team members at Laborde Earles today.
