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Lafayette Workers’ Compensation Lawyer

Louisiana workers’ compensation insurance can allow an employee who is injured on the job—or their surviving family members if they are killed—to receive financial benefits for costs and damages such as medical care, lost wage reimbursement, disability compensation, and vocational rehabilitation services. Most employers in Lafayette are required to provide this coverage to all employees regardless of their employment status.

Although workers’ compensation is designed to provide injured employees with the compensation necessary to recover from their injury, it has the dual purpose of protecting an employer from a personal injury lawsuit. However, in certain situations, a lawsuit might be necessary.

Furthermore, if an employer fails to carry coverage, an employee may be eligible to collect compensation through civil action with an accomplished local personal injury lawyer’s help. An experienced Lafayette workers’ compensation lawyer could evaluate your claim to determine all possible recovery options.

Workers’ Compensation Limitations

For those planning on filing a claim with or without a workers’ compensation attorney, there are a few important concepts to keep in mind. If any of these aspects of a workers’ compensation case are neglected, an injured worker may not be able to get the compensation they need to maintain their finances and take care of themselves and their families.

No-Fault Compensation

Unlike a lawsuit, an employee injured on the job does not have to prove fault to receive workers’ comp benefits. However, once a worker accepts workers’ compensation insurance, they are not eligible to file a lawsuit against their employer.

Workers’ Compensation Benefits

Periodic payments or lump-sum settlements may be insufficient to cover all present and future costs of recovery. For example, workers’ compensation normally reimburses an injured employee with only two-thirds of their weekly salary, which may not be enough to cover day-to-day expenses in addition to medical bills.

Disputed Claims

Workers’ compensation claims can be disputed or denied for a variety of reasons. For instance, an employer could argue that an injury did not occur on the job. Additionally, the Louisiana Workers’ Compensation Commission requires injured employees to adhere to strict requirements and filing deadlines. Failure to do so could result in denied claims or delayed payments.

Specifically, a workers’ compensation claim in Lafayette may be denied if the injury was allegedly caused by:

  • Willful intent to harm self or others
  • Intoxication
  • Unprovoked physical altercation
  • Horseplay

Employees who are dealing with a denied claim are not without options for legal recourse. However, the appeal process for a denial of workers’ comp benefits could take six to nine months. Since medical bills and living expenses typically cannot wait, seasoned Lafayette workers’ compensation lawyers are well-suited to helping injured workers understand the claim process and construct their appeal so that it is as efficient and convincing as possible.

What Injuries Are Covered by Workers’ Compensation?

Louisiana workers’ compensation insurance covers a variety of illnesses and injuries that occur in the workplace. Covered conditions can be best described within the following three categories.

  • Injuries that develop over time – Employees who perform the same physical task every day or are exposed to toxic substances may develop repetitive motion injuries or occupational illnesses over time.
  • Sudden accident injuries – events that happen unexpectedly can cause severe injuries and death
  • Stress-related injuries – mental injuries that result from sudden, unexpected stress in the work environment are covered by workers’ compensation, although they may be more difficult to prove and typically require substantial evidence

Contacting a Lafayette Workers’ Compensation Attorney

Workers’ compensation insurance could help you provide for your loved ones as you recover from your work-related injuries. However, employees who enter into the workers’ comp process without a knowledgeable advocate could be leaving themselves exposed to delays, denials, and disputes.

Whether you need assistance navigating the complexity of filing a claim, have questions about an existing claim, or want to hear about your rights to a lawsuit, a Lafayette workers’ compensation lawyer has the resources to show you what your options are. Call today to schedule a consultation.