Who Is Not Covered by Workers’ Compensation?

The Louisiana Workforce Commission (LWC) lists several groups of employees who are not covered by workers’ compensation. These groups include:

• Musicians and performers working on a performance contract
• Workers hired by a private residential homeowner
• Employees working in spraying- and dusting-related jobs
• Employees engaged in interstate railroad commerce
• Real estate brokers and salesmen

You may speak with a law firm representative about whether you qualify for workers’ compensation. If you do, your lawyer may help you seek the benefits that you are entitled to collect.

Who Is Covered by Workers’ Compensation

The LWC notes that workers’ compensation may be an option for most types of workers, including those who are:

• Full-time
• Part-time
• Seasonal
• Under the age of 18

It adds that, under certain circumstances, independent contractors and subcontractors may also be covered by workers’ compensation benefits. The Louisiana Revised Statutes (RS) §23:1021 notes that workers who are injured on the job may be entitled to benefits so long as:

• The injury came as the result of activities that fall within the normal course of their employment
• They were not intoxicated at the time of their injury
• They were not engaged in horseplay at the time of their injury
• They did not suffer their injury because of a physical altercation, in which they were the aggressor

You may pursue a workers’ compensation claim even if you fall under one of the groups who is not covered by workers’ compensation. A lawyer may advise you on whether pursuing a workers’ compensation claim might be in your legal interest.

What You May Receive from a Successful Claim

You may receive coverage for medical expenses and a portion of your income if your workers’ compensation claim is successful, per the RS §23:1221. The statute notes that workers’ compensation may cover approximately two-thirds of your income while you are injured or sick and unable to work.

The precise amount of workers’ compensation payments that you receive may depend on:

• The amount of income you earn on a weekly basis
• The type of injury or illness you suffered
• How long you are injured or ill and unable to work
• The cost of treatment for your injury or illness

The total cost of an injury or illness suffered on the job may not be obvious to calculate. Your lawyer may help you determine how much compensation you might be entitled to receive.

A Lawyer Can Oversee Your Workers’ Compensation Claim

You do not have to worry about the stress that may come from filing a workers’ compensation claim, as a lawyer may manage your claim on your behalf. There are several duties that a lawyer can perform in the service of your claim, such as:

• Gathering evidence related to your workplace accident or illness
• Gathering witness accounts of your accident
• Conducting any necessary testing for conditions that caused illness, such as the presence of toxins in your workplace
• Determining how much replacement income you should be entitled to receive
• Determining how compensation you require to cover your medical costs
• Filing your claim
• Hiring any experts whose testimony supports your claim
• Guiding your case through any necessary processes, e.g., mediation
• Filing an appeal of your claim if it is necessary

Having a lawyer handle your workers’ compensation claim may benefit you in multiple ways. Your lawyer could be familiar with what it takes to complete a workers’ compensation claim. They may also deal with your employer and their insurance company, handling communications with those parties, and protecting your rights.

There may be issues during the workers’ compensation process that you do not anticipate, but your lawyer might. Potential problems with your claim might include:

• That your employer’s insurance company will reject your claim
• That certain allegations against you may be cited as the reason your claim gets denied, e.g., you were intoxicated or engaged in non-work activity at the time of the accident
• That your employer’s insurer refuses to pay for certain medical procedures that you believe are necessary for your recovery
• That there is a disagreement about the amount of salary or wages that you should receive while you are injured

Securing workers’ compensation can be a lengthy process and one that may be complicated. A lawyer may handle your claim so that you do not have to concern yourself with the potential stress of the claims process.

Let Laborde Earles Injury Lawyers Work on Your Claim

If you or a loved one were injured while working, you might be entitled to financial coverage through workers’ compensation. Our team wants to help you fight for any compensation that you are entitled to receive.

Call Laborde Earles Injury Lawyers today at (337) 284-9548 for a free consultation.