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What Are the Odds of Winning a Workers’ Comp Trial in Louisiana?

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On This Page
  1. How Do You End Up with a Workers’ Comp Trial in Louisiana?
  2. Will You Win Your Louisiana Workers’ Comp Trial?
  3. What Happens if You Win a Workers’ Comp Trial in Louisiana?
  4. Can You File a Lawsuit in Civil Court for a Jobsite Accident?
  5. How Can You Boost Your Odds of Winning a Workers’ Comp Trial?
  6. Speak to Us About Winning a Louisiana Workers’ Comp Trial
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Your personal injury lawyer can help you calculate your recoverable damages, which may include:

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What Are the Odds of Winning a Workers’ Comp Trial in Louisiana?

In rare cases, a workers’ compensation claim in Louisiana may result in an administrative hearing in court. What are the odds of winning a workers’ comp trial in Louisiana if you end up in this situation? 

The odds can vary significantly based on the strength of your claim and the workers’ comp judge who hears your case. You can improve the odds by hiring a Lafayette workers’ comp lawyer from our team at Laborde Earles to assist with your legal needs. 

Find out more by calling or completing our online contact form.

How Do You End Up with a Workers’ Comp Trial in Louisiana?

The majority of workers’ comp claims in Louisiana do not result in an administrative hearing. Your workers’ comp case may be going to trial if your employer refuses to cover your losses and mediation fails. 

In this situation, you have a chance to file a Disputed Claim For Compensation through the Louisiana Workforce Commission. This form will begin the process of securing an administrative hearing for your workers’ comp case. 

Very few workers’ comp cases in Louisiana end up going through the administrative hearing process. Most claims end up resolved out of court through a settlement agreement or mediation. 

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Will You Win Your Louisiana Workers’ Comp Trial?

Going to trial for your workers’ comp claim gives you a chance to fight for compensation after an accident on the job. However, your employer or the insurance company may resist covering your expenses, even at trial. 

They’ll present their side to the workers’ comp judge. They may claim that your injury occurred outside of work or that your financial losses are less severe than you claim. 

You can hire a lawyer to represent you, pushing back against these claims. Working with a legal professional can boost your chances of winning compensation. However, the outcome of each case depends on the judge’s decision. 

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What Happens if You Win a Workers’ Comp Trial in Louisiana?

Winning your workers’ comp trial in Louisiana allows you to secure compensation to cover the financial losses caused by your on-the-job accident. Generally, Louisiana workers’ comp claims will cover your:

Healthcare Costs

On-the-job accidents can result in significant injuries, including broken bones and traumatic brain injuries (TBIs). You may receive damages to cover your emergency treatment, time in the hospital, and rehabilitation. 

Lost Wages

The workers’ comp system may also provide you with compensation for a percentage of your lost pay after an accident. Generally, workers’ comp claims won’t fully cover your lost pay. You can learn more from your attorney. 

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Can You File a Lawsuit in Civil Court for a Jobsite Accident?

Generally, workers’ comp claims against your employer or an insurance company go through an administrative hearing outside of the civil court system. In most cases, you cannot directly file a personal injury lawsuit against your employer. 

However, your attorney may help you file a lawsuit if a third party caused your injuries. For example, you may file this kind of lawsuit if a defective piece of machinery caused your accident and financial losses. 

In this situation, a Lafayette personal injury lawyer can help with your legal claim as you navigate the court system. 

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How Can You Boost Your Odds of Winning a Workers’ Comp Trial?

You can take a few steps to strengthen your workers’ comp claim in Louisiana. First of all, make sure you reach out to a lawyer to get professional help and advice throughout your claim. Your lawyer will investigate before your trial to collect evidence. 

Depending on your situation, your lawyer may: 

  • Visit the area where your accident occurred
  • Get copies of your accident reports
  • Interview witnesses for official statements
  • Look for video surveillance of the accident 

Our team can work with workplace accident experts to strengthen your claim further. We also track all your financial losses so we can present information about your expenses clearly and directly to the judge. 

Getting help from a lawyer immediately after an accident may help you avoid a workers’ comp trial. Your lawyer may negotiate a settlement before your claim reaches this point in the legal process, allowing you to secure compensation for your losses more quickly. 

Our team will listen to all of your concerns and help you prepare for every aspect of your workers’ comp claim. 

Speak to Us About Winning a Louisiana Workers’ Comp Trial

What are the odds of winning a workers’ comp trial in Louisiana? The odds can vary based on the facts surrounding your accident. Our team at Laborde Earles will provide personalized information about your chances when you turn to us for help. 

We’ll also focus on resolving your claim before you go to trial. Find out more about how we can assist by calling or filling out our online contact form. 

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Workers' Compensation FAQ:
Who Qualifies for Workers’ Compensation? Who Qualifies for Workers’ Compensation?

Employees who are injured while working may qualify for workers’ compensation, so long as their employer has workers’ compensation insurance. The Louisiana Workforce Commission (LWC)

Reporting a Workers’ Comp Injury in Louisiana Reporting a Workers’ Comp Injury in Louisiana

Reporting a workers’ comp injury in Louisiana is an option available to you if you were hurt while working. You may be entitled to file a workers’ compensation claim and request that you be

Does Workers’ Compensation Cover Hearing Loss? Does Workers’ Compensation Cover Hearing Loss?

In Louisiana, workers' compensation does cover hearing loss, but the claim must meet specific criteria: the hearing loss must be directly related to the job or workplace conditions, and claims for

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