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Who Qualifies for Workers’ Compensation?

Any employee who suffers on-the-job injuries or contracts an illness due to their job should qualify to receive workers’ compensation benefits. For example, these benefits may become available to employees in the following categories:

  • Full-time
  • Part-time
  • Seasonal

Yet, employers and insurance companies unfairly deny these benefits to workers with legitimate comp claims. A New Orleans personal injury lawyer could investigate the claim denial for you and help you present evidence to dispute it.

How a Workers’ Compensation Lawyer in New Orleans Can Help

Working with a New Orleans workers’ comp lawyer from our firm can help you get the wage loss benefits and medical care you need to take care of your family until you can return to work. Our team is here to support you and manage your case.

We work based on contingency fees, so we don’t ask you to pay us anything upfront, and we do not charge by the hour. Instead, we get paid a percentage of the back pay or other lump sum you receive from our work on your case. We can discuss this in depth before you sign our contract.

Our workers’ compensation attorneys are ready to work on your claim or appeal. When you hire an attorney to handle your workers’ compensation case, they can perform several services on your behalf. A work injury attorney can:

1

Gather Evidence

This evidence can include medical records showing the extent of your injuries and their connection to your job. It can also include witness testimony from your co-workers who witnessed the injury or an expert in your field concerning the physical demands of your career.

2

Protect Your Rights

Our team can quickly assess the benefits you deserve based on your injuries and your case. We will handle all communication with the involved parties and fight for coverage and compensation for you. Our workers’ compensation attorneys understand how to protect our clients’ best interests.

3

Allow You to Focus on Healing

When our team takes on your case, we handle all aspects of building your claim or denial and pursuing benefits for you. You can focus fully on getting treatment and recovering from your injuries.

You could return to work part-time or go back to your normal tasks and schedule. If you do, we will still pursue the back pay and other benefits you’re owed based on your workers’ compensation coverage.
We also take the time to explain how the workers’ compensation process works.

4

Calculate Fair Financial Compensation

How much can you expect from my workers’ compensation claim? Your New Orleans workers’ comp attorney can calculate fair compensation by considering the extent of your injuries, the medical treatment they require, and how they will affect your future ability to make a living.

If you are still out of work, we can calculate how much your wage loss benefits should be, fight through any obstacles, or challenge a denial. We know how to maximize your workers’ compensation settlement.

5

Negotiate on Your Behalf

You do not have to negotiate with an employer or insurance company alone. Our workers’ compensation lawyers can negotiate on your behalf and make sure the benefits you receive cover your damages.

Talk to a Louisiana Local Attorney Today

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Reasons for Work Comp Denials

An employer or workers’ compensation insurance company may deny a claim for benefits for several reasons. The following are the most common reasons:

Your Employer Disputes the Nature of Your Injury

Your employer may claim that the injury did not occur due to work-related activities or that you intentionally hurt yourself.

You Missed a Filing Deadline

You must meet specific deadlines when seeking workers’ compensation benefits. These include a deadline to report your injury and another to file your claim. If you wait too long, you may not get benefits. Fortunately, a lawyer can explain these deadlines and keep your claim on track.

Your Claim Lacked Information

Incomplete paperwork can sometimes delay your approval for benefits. Other times, it can lead to an outright denial. Fortunately, we can ensure your claim includes the proper information, improving your chances of successfully securing benefits.

We represent injured employees and help them seek the benefits they need. You can call us to receive a free consultation and discuss your case with one of our attorneys.

Types of Workers’ Compensation Benefits

Workers’ compensation is required to pay out certain benefits for eligible workers. If you sustain injuries on the job, you can file your claim and get these benefits, although it is not always easy. The types of benefits an experienced attorney can help you recover fall into four main categories:

Medical Coverage

Medical benefits help cover the cost of doctors’ visits, diagnostic tests, treatments, and any other medical bills resulting from occupational illness or injury. Certain procedures may not be covered, and some types of care, like physical therapy, may be limited to a certain number of visits.

In general, though, if you see an approved doctor and follow their recommendations for prescribed treatment, you should not receive a bill for your care. The workers’ compensation insurance should pay the doctor on your behalf.

Disability Benefits for Time Missed at Work

Disability benefits help make up for some of your lost wages. If your injuries prevent you from working, workers’ compensation can cover about two-thirds of your usual pay up to a set maximum. However, not everyone receives temporary total disability for the entire time they are away from work. Depending on the extent of your injury, a disability can fall into one of four categories:

  1. Temporary total: This is for workers who cannot work for a short period. They return to work once they can.
  2. Temporary partial: This means an injury has only partially disabled a worker, allowing them to work part-time while they heal. In some cases, they could work normal hours with reduced duties.
  3. Total permanent: This consists of injuries that cannot heal and prevent the worker from earning income in the same type of job in the future.
  4. Permanent partial: This means that an injury prevents a worker from earning as much income as they could before.

Vocational Rehabilitation

If you cannot work in the same field, vocational rehabilitation can help you find a job in a new field. You could also learn how to do your previous job with new impairments or physical difficulties under certain circumstances. Psychological rehabilitation may also be available if workplace injury causes trauma and mental anguish.

Death Benefits

If a worker dies due to an injury on the job, the workers’ comp system may pay death benefits to the surviving spouse, children, and other dependents. These benefits could include a one-time payment and reasonable funeral and burial costs.

Filing a Personal Injury Lawsuit for a New Orleans Workplace Injury

In some cases, filing a personal injury lawsuit may still be necessary. For example, if the employer does not carry workers’ compensation insurance, if workers’ compensation does not cover all your damages, or if your injury was due to gross negligence by your employer or a third party, you may need to seek additional compensation through the legal system.

However, Louisiana typically does not allow you to sue your employer for work-related injuries. Injured workers can only file lawsuits if a third party causes their injuries and financial losses.

Like workers’ compensation claims, you have limited time to file a personal injury lawsuit in Louisiana. The statute of limitations, according to CC Art. 3492, is one year from the injury date, but this time frame can vary depending on your situation. You can learn more with a workers’ comp attorney in New Orleans.

Damages You Can Recover in a Personal Injury Lawsuit in New Orleans

Workers’ compensation typically covers medical expenses and lost wages, so individuals with severe or long-term injuries may not receive the full compensation they need to cover all the damages associated with a workplace incident.

Damages you could recover in a personal injury lawsuit for a New Orleans work-related injury include:

  • Replacement or repair of property damaged in a work-related accident
  • Lost quality of life
  • Emotional distress
  • Pain and mental anguish
  • Reduced future income potential
  • Chronic disability
  • Medical equipment and long-term care

Our team can review your situation and determine if you qualify to file a lawsuit against a third party. We have the legal experience to confidently handle this type of legal claim for employees injured at work.

Filing a Wrongful Death Lawsuit After a Fatal Work Accident

If you lost a loved one in a workplace accident, workers’ compensation may not cover the expenses associated with losing your loved one. Our New Orleans wrongful death lawyers can help you seek the compensation you need to cope with losing your loved one. 

Losses we could include in your wrongful death claim include:

  • Lost income
  • Hospital expenses
  • Burial and funeral costs
  • Pain and suffering
  • Loss of companionship
  • Loss of counsel and affection

An attorney familiar with Louisiana workers’ compensation laws can review your claim and help you determine whether a personal injury or wrongful death lawsuit is what you need.

Parties Potentially Liable for Workplace Accidents

You could file a lawsuit instead of or in addition to a workers’ compensation claim if the accident was wholly or partially due to someone other than your employer. If the cause of your accident involved gross negligence by another party, you could sue them for additional compensation. Other at-fault parties in a workplace injury could include:

  • The driver of another vehicle
  • A negligent co-worker, supervisor, or another individual
  • The company responsible for equipment repairs and maintenance
  • The manufacturer of faulty equipment
  • Local or state organization responsible for road maintenance, utilities, or other faulty facilities or infrastructure that contributed to the accident

We can review your situation and identify all potentially responsible parties.

Establishing Fault in a New Orleans Workplace Accident

Establishing fault is critical to your New Orleans workers’ compensation case, whether you are filing a claim with workers’ comp or a personal injury lawsuit. Our New Orleans personal injury law firm can help you determine all the at-fault parties for your workplace injury so you can seek the compensation you deserve for your losses.

Client Testimonials Hear from locals like you.

Stephanie Brooks was wonderful to work with! She was very professional during our interaction and extremely pleasant throughout the entire process. He...

Stephanie Brooks was wonderful to work with! She was very professional during our interaction and extremely pleasant throughout the entire process. Her kindness and clear communication made everything smooth and easy. Highly recommend working with her and the Laborde Earles Law Firm!

J
Jenifer Leger Dendy

Lafayette

Elizabeth Lachney was super helpful in explaining a lot of things i didnt understand about my case. Very respectful and seemed so welling to help me! ...

Elizabeth Lachney was super helpful in explaining a lot of things i didnt understand about my case. Very respectful and seemed so welling to help me! She is the best, I 1000% recommend her if you have any questions!

s
skylar bachman

New Iberia

They have good to keep me updated on the case but so far the settlement has not been reached.

L
Lisa S.

Elizabeth Lachney I absolutely hands down the best. She is very professional, knowledgeable and most importantly she is very respectful. She is one re...

Elizabeth Lachney I absolutely hands down the best. She is very professional, knowledgeable and most importantly she is very respectful. She is one reason why we use Laborde Earles Law Firm. They make you feel like family!

T
Tiffany Bardwell

New Iberia

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs...

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs. Courtney. I spoke with her multiple times, and each time she was patient and answered every question I had. She made me feel like I was the only client. Grateful for her and Laborde Earls!

T
Tracie Martin

Alexandria

I highly recommend hiring Laborde Earles for your personal injury needs. They have the most professional, friendly and communicative staff who are gua...

I highly recommend hiring Laborde Earles for your personal injury needs. They have the most professional, friendly and communicative staff who are guaranteed to work hard on your case and get the outcome you deserve. Brittani C. is one of the most organized, thorough and helpful paralegals I’ve ever had the pleasure of working with. She keeps you informed and answers all your questions throughout the litigation process.

P
Patrick Conner

Baton Rouge

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking...

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking with Mrs. Marsh today. She was extremely knowledgeable in addition to being patient and empathetic. She was able to provide me with the necessary resources and provided me with encouragement throughout the process. I definitely recommend Laborde Earls! Ask for Courtney!

M
Megan C.

Toni at LE is seriously so dedicated and a hard worker! LE is lucky to have this chick. She's so sweet but a little spicy (in a good, funny way!) whic...

Toni at LE is seriously so dedicated and a hard worker! LE is lucky to have this chick. She's so sweet but a little spicy (in a good, funny way!) which is always a breath of fresh air to be around someone who is genuine. She's a doll and anyone who comes into contact with her is a lucky one!

H
Hannah Johnson

Baton Rouge

At the very first meeting with Alexis and Danielle they took the time to explain everything to us so that we understood what we were going to go throu...

At the very first meeting with Alexis and Danielle they took the time to explain everything to us so that we understood what we were going to go through. They checked in on us to see how things were going with DR appointment and therapy. They checked in on the phone or by text and if I had a question and I was in Lafayette and I would stop by the office one of them would come to answer my questions. I truly appreciate the response and respect that they showed to me and my husband and I would really recommend them to family and friends.

H
Hazel G.

Over 1,700 5-Star Reviews

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Contact Us for Your Free Work Accident Consultation

If you’ve suffered a work injury, our team at Laborde Earles offers complimentary consultations to injured workers, and we are ready to take your call. Our personal injury law firm focuses on helping you get justice and compensation as if you were one of our family members.

There is no obligation to work with us after this initial case assessment, so you have nothing to lose. Contact a New Orleans workers’ compensation lawyer today to discuss the steps you need to take to get fair payment for your losses.

We know how to win a workers’ compensation case and can share our legal knowledge with you.

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