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What Is the Statute of Limitations for Workers’ Compensation?

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  3. What Is the Statute of Limitations for Workers’ Compensation?
On This Page
  1. The Knowledge of Deadlines Is Critical
  2. How a Lawyer Can Assist with Your Claim
  3. A Workplace Injury or Illness May Cause Great Strain
  4. Filing a Personal Injury Lawsuit
  5. Call Laborde Earles Injury Lawyers Today
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Your personal injury lawyer can help you calculate your recoverable damages, which may include:

  • Medical Bills
  • Income Loss
  • Property Damage
  • Pain & Suffering
  • Emotional Distress
  • Lasting Disfigurement
What Is the Statute of Limitations for Workers’ Compensation?

The equivalent to a statute of limitations for workers’ compensation includes several deadlines.

Louisiana Revised Statutes (RS) §23:1301 mandates that you notify your employer of an on-the-job injury or illness that you have suffered within 30 days of the illness or injury occurring. Additionally, RS §23:1209 refers to multiple deadlines that may or may not be relevant to your claim.

A lawyer who is familiar with the workers’ compensation process in Louisiana may be well aware of the deadlines that pertain to your case and may ensure that your claim remains eligible by filing paperwork in a timely manner.

The Knowledge of Deadlines Is Critical

No matter what type of action you are bringing, whether it is a workers’ compensation claim, lawsuit, or another type of case, time may be a factor. You may face deadlines for reporting a specific incident, reporting the presence of certain injuries or illnesses, and filing other types of paperwork. It is important that you:

  • Be aware of any and all deadlines relevant to your workers’ compensation claim or lawsuit
  • Abide by all relevant deadlines
  • Act accordingly if a deadline has passed, yet you would like to appeal to have your claim treated as an exception

A statute of limitations and its equivalent are central to a workers’ compensation claim, and a lawyer can treat such deadlines with the importance that they deserve.

How a Lawyer Can Assist with Your Claim

Your lawyer can help with your claim in several ways in addition to filing paperwork before relevant deadlines. Completing a workers’ compensation claim can be a complex process, and may require:

  • Collection of evidence
  • Interviewing of witnesses
  • Filing of paperwork, including the claim itself and certain records relevant to your injury or illness
  • Making appearances in court or other venues to advance your claim
  • Documenting your injuries
  • Determining how much wage replacement you may deserve
  • Calculating the precise cost of medical expenses related to your on-the-job injury or illness
  • Dealing with insurance companies, attorneys, and your employer
  • Completing your claim through all necessary processes, which may include a judge’s ruling

A lawyer may be able to assist you with these tasks. This may allow you to dedicate the time, attention, and energy necessary to the treatment of your injury or illness.

A Workplace Injury or Illness May Cause Great Strain

An injury or illness caused by conditions in your workplace could cause a significant decline in your quality of life. You may suffer costs that vary in nature, including those that are:

  • Financial
  • Physical
  • Emotional
  • Psychological

Depending on the specific nature of your injury or illness, such losses could be temporary or permanent. In the case that you lost a loved one in a workplace accident or from a work-related illness, your losses could be immense.

If you plan to bring a workers’ compensation claim, then the Louisiana Workforce Commission (LWC) explains that you may be entitled to compensation for your medical costs and a portion of your lost wages.

Filing a Personal Injury Lawsuit

If a party other than your employer, such as a product manufacturer, has liability for your losses, then you may be able to bring a personal injury lawsuit against them in addition to your workers’ compensation claim.

Should you bring a personal injury lawsuit, then you may seek compensation for:

  • Lost income
  • Medical expenses
  • Pain and suffering
  • Any other losses that have come from your on-the-job injury or illness

Per the Louisiana Civil Code (CC) §3492, a general one-year statute of limitations applies to personal injury lawsuits in Louisiana.

A lawyer can assess the facts of your injuries and their cause and explain whether you may have grounds to bring a personal injury lawsuit in addition to a workers’ compensation claim. They can also guide you through either process if you qualify.

Call Laborde Earles Injury Lawyers Today

Whether you plan to bring a workers’ compensation claim, a lawsuit, or both, Laborde Earles Injury Lawyers may be able to reduce the pressure on you to deal with such processes. We understand the problems that can arise during a workers’ compensation claim or lawsuit and may be able to fight for compensation on your behalf.

Call Laborde Earles Injury Lawyers today at (337) 777-7777 for a free consultation about our services with a member of our team. Do not wait to call, as certain deadlines could impact your ability to seek compensation.

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