Workers’ compensation is big business. Employers want to keep their premiums down. Insurance companies want to pay as little as possible. And for the worker who was injured on the job and now faces an uncertain future of lost wages and medical expenses—and perhaps even surgery—the process can be daunting.
The workers’ compensation lawyers at Laborde Earles Injury Lawyers are here to help you make sense of it so you can achieve the best possible outcome. We will review your case for free, evaluate your options with you in plain English, and fight every step of the way to protect your rights.
Call our offices today at (337) 777-7777. Let us work for you so that you can focus on your recovery.
What Is Workers’ Compensation?
What Is Workers’ Compensation?
As defined by the Louisiana Workforce Commission (LWC)’s Office of Workers’ Compensation Administration, workers’ compensation is a benefit paid directly to workers who have been injured on the job. Louisiana Revised Statutes (RS) §1020.1 specifies that workers’ compensation is designed to “provide for the timely payment of temporary and permanent disability benefits” and “pay the medical expenses that are due to all injured workers.”
Louisiana requires most employers to carry workers’ compensation insurance on all employees; they can purchase coverage from either private insurers or a state fund.
If you are injured or develop an illness on the job, your employer must pay for the medical expenses you incur—as well as disability or death benefits and lost wages. Suppose that you are denied benefits or a dispute arises over your workers’ compensation claim.
In that case, you file Form LWC-WC-1008, setting in motion a complicated process that takes your case to trial before a workers’ compensation trial judge. A workers’ compensation lawyer can help you.
If you have questions or want to make sure your rights are being protected, call Laborde Earles Injury Lawyers at (337) 777-7777 today.
How Does the Workers’ Compensation Process Work?
How Does the Workers’ Compensation Process Work?
RS §1306 requires employers to notify their insurers within 10 days of learning of a work-related death, injury, or illness that has kept an employee out of work for one week. The insurance company must be provided with specific information about said employee, the nature of the injury, and the employee’s wages.
Should the employer’s insurance company dispute the employee’s medical treatments (or if there is another problem with the claim), the employee can file a Form 1008 Disputed Claim for Compensation. At this point, the employee’s case would then be assigned to a workers’ compensation judge. Per RS §1310.3, if both parties request it (or if the judge orders it), the claim will then go to mediation.
If mediation does not produce a resolution, it goes to a hearing before the workers’ compensation judge, who has exclusive jurisdiction over:
- Workers’ compensation insurance claims
- Overpayment of benefits claims
- Similar matters.
The judge will hear the evidence and render a decision. Either party may appeal the decision to the circuit court of appeal, according to RS §1310.5.
What Is and Isn’t Covered by Workers’ Compensation?
What Is and Isn’t Covered by Workers’ Compensation?
Workers’ compensation provides compensation for work-related deaths, injuries, and illnesses. So, in no small degree, what is and is not covered depends on whether or not Louisiana law defines it as “work-related.”
RS §1021 limits injuries that fall under the state’s workers’ compensation law to “injuries by violence to the physical structure of the body and such disease or infections as naturally result therefrom.” That means, in essence, that only injuries directly linked to workplace incidents or occupational diseases that are “characteristic of or peculiar to” the employee’s job qualify—according to the Louisiana Workforce Commission.
Suppose an injury is intentional, results from intoxication, or stems from horseplay or a physical altercation (in which the injured employee is the aggressor). In that case, it is not covered by workers’ compensation.
Mental health is covered, but only if an employee (or their workers’ compensation lawyer) shows through “clear and convincing evidence” that the work-related mental injury was the “result of a sudden, unexpected, and extraordinary stress.” In addition, heart-related or perivascular injuries are only eligible for compensation if an employee shows that “extraordinary and unusual” work stress caused the injury.
If you have questions about whether you are eligible for workers’ compensation in Louisiana, speak to us today. Call the offices of Laborde Earles Injury Lawyers at (337) 777-7777.
What Does Workers’ Compensation Pay?
What Does Workers’ Compensation Pay?
In addition to having their medical treatments covered, employees who have suffered qualifying injuries may be entitled to indemnity benefits, A person could receive these every week or month, according to the Louisiana Workforce Commission.
State law sets the indemnity benefit at two-thirds of the worker’s average weekly wage, within minimum and maximum bounds, for the period of their disability. Under RS §1202, the Louisiana Workforce Commission sets those limits.
If the employee returns to work but earns 90% or less of their pre-injury wages, they may be eligible for supplemental earnings benefits (SEB). These benefits pay two-thirds of the difference between an injured employee’s previous wage and their current one. If an employee begins collecting Social Security disability or retirement benefits—or employer-provided disability benefits—their indemnity payments are reduced.
Employees who suffer “catastrophic” injuries—paraplegia, quadriplegia, or the “total anatomical loss” of multiple limbs—are entitled to a one-time $50,000 payment. If the employee dies within two years of their final medical treatment for a work-related illness, their surviving spouse or dependents may receive indemnity benefits. If there are no surviving dependents, each surviving parent receives $75,000. The employer’s insurer also pays burial expenses.
How Long Can You Receive Workers’ Compensation?
How Long Can You Receive Workers’ Compensation?
RS §1221 establishes four kinds of workers’ compensation disability benefits: temporary total disability (TTD), permanent total disability (PTD), supplemental earnings benefits (SEB), and permanent partial disability (PPD).
Benefits cease in TTD cases once the worker no longer needs regular medical treatment. PTD benefits are permanent. If the claimant does any work, however, benefits are cut off. Both pay two-thirds of the worker’s average weekly wage.
Injured workers can only collect SEB—which pays two-thirds of the difference between a worker’s pre-injury and current wages—for a maximum of 10 years. If the worker retires, the employer’s insurer has to pay SEB for two years regardless. If the worker only claims SEB sporadically, benefits might end two years after the worker is removed from TTD.
Louisiana RS §1221 states that PPB assigns values to different body parts. Some examples:
- Loss of a thumb, 50 weeks
- Loss of the index finger, 30 weeks
- Loss of any other finger or a big toe, 20 weeks
- Loss of the first phalanx of the thumb or big toe, 10 weeks
- Loss of a hand, 150 weeks
- Loss of an arm, 200 weeks
- Loss of a leg, 175 weeks
- Loss of an eye, 100 weeks
Does Workers’ Compensation Pay Full Salary?
Does Workers’ Compensation Pay Full Salary?
In Louisiana, workers’ compensation does not pay a worker’s full salary. Instead, the disability payment amounts to two-thirds of a worker’s average weekly wage, within minimum and maximum limits established annually by the LWC. (For 2020–21, the maximum weekly benefit is $705; the minimum is $188.) If the employee earns less than the minimum, the employer pays their full wage. These limits are pegged to the date of the accident; a worker’s benefit will not change when the LWC changes its workers’ compensation limits.
Louisiana determines an employee’s average weekly wage a couple of ways:
- In most cases, a person’s hourly wage is multiplied by the average number of hours they worked in the four weeks preceding the accident.
- For part-time workers with multiple jobs, employers at the site of the injury are responsible for all lost income. Workers’ hourly rates are multiplied by the average number of hours worked for all employers, not to exceed 40.
Should an injured worker return to the job but earn less than 90% of their previous wage, they are eligible for SEB, which pays two-thirds of the difference between pre-injury monthly wages and current monthly wages.
Who Qualifies for Workers’ Compensation?
Who Qualifies for Workers’ Compensation?
State law requires nearly all employers to either have workers’ compensation insurance or be approved for self-insurance. Their employees qualify for workers’ compensation from their first day on the job, whether they are full-time, part-time, seasonal, or minors (according to the Louisiana Workforce Commission). Subcontractors and independent contractors may be classified as employees and qualify as well, depending on the nature of their work.
There are a few exemptions, as the Louisiana Workforce Commission (LWC) spells out. They include:
- Domestic employees and other employees of private households or unincorporated farms
- Musicians and performers
- Public officials
- Workers covered by the Federal Employer’s Liability Act, the Longshoremen’s and Harbor Workers’ Compensation Act, or the Jones Act
- Members of airline crews engaged in spraying or dusting
- Uncompensated officers and board members of nonprofits, as well as most volunteers
- Licensed real estate brokers or salespeople
According to the National Academy of Social Insurance (NASI), in 2017, 1.87 million jobs were covered under workers’ compensation insurance in Louisiana.
Do All Workers’ Compensation Cases End in a Settlement?
Do All Workers’ Compensation Cases End in a Settlement?
Workers’ compensation cases do not always end in a settlement. Depending on the situation, settling might not be advantageous or necessary. For example, in minor temporary disability cases where there is no argument over benefits, an injured worker may not feel the need to settle.
However, if there is a dispute over your claim—or it is denied—you can take it before a workers’ compensation judge, who will conduct a hearing and rule on the case. You or the insurance company can even appeal if you are unhappy with the ruling.
If six months have passed since the end of TTD—unless the parties waive that requirement—you also negotiate a settlement. There are two kinds of workers’ compensation settlements in Louisiana: a compromise settlement and a lump sum settlement.
A compromise settlement is what it sounds like. The employee and the insurance company reach an agreement on how much compensation the employee is owed. A lump sum settlement is not really a settlement. In these cases, the amount owed is not contested. Instead, the insurance company agrees to pay the money at once (and at a discount) rather than over time.
If you would like to speak with a workers’ compensation lawyer about whether a settlement is right for your case, call the offices of Laborde Earles Injury Lawyers at (337) 777-7777 today.
Should I Hire a Lawyer for a Workers’ Compensation Claim?
Should I Hire a Lawyer for a Workers’ Compensation Claim?
Some workers’ compensation claims might not necessitate the help of a lawyer. For instance, you may not want help with a case involving minor injuries—in which the insurance company accepts your claim and agrees to fully pay the compensation to which you are entitled.
But, for situations in which your claim has been disputed or denied, you may still want a lawyer in your corner. Even if you just have questions or concerns (or are unsure of the right thing to do), consulting with a lawyer will not cost you anything.
We work on a contingency basis, meaning that they receive a percentage of what you recover. RS §1141 caps attorneys’ fees at 20%. These fees must also be approved by a workers’ compensation judge.
We will review your case and help you better understand your options. If you believe your employer’s insurance company is not treating you fairly, we can help. We will file a Form 1088 on your behalf, negotiate with the insurance company, and make your case to a workers’ compensation judge, if necessary. Each step of the way, our goal is to make sure your rights are protected.
If you would like to speak with us, call the offices of Laborde Earles Injury Lawyers today at (337) 777-7777.
What Are the Four Types of Workers’ Compensation Benefits?
What Are the Four Types of Workers’ Compensation Benefits?
In Louisiana, there are four types of workers’ compensation benefits.
Temporary total disability (TTD) and permanent total disability (PTD) benefits work much the same way. Both pay two-thirds of the worker’s average weekly wage for the four weeks before the accident, up to a maximum of $705. Of course, the difference is that TTD expires when the employee no longer requires “continued, regular treatment,” whereas PTD is permanent.
Louisiana sets strict standards for claiming these benefits. Workers must show that they cannot work any job, regardless of whether it is in their field. This includes low-wage jobs designed for individuals with disabilities or even occasional odd jobs. Injured workers must also show that they cannot work through the pain caused by their injury.
The third type, supplemental earnings benefits (SEB), applies to those who suffered an injury that allows them to work—but they can only earn less than 90% of their previous wage (according to LAWC). SEB pays two-thirds of the difference between an injured worker’s current weekly wage and what they made before the accident. It expires after a maximum of 10 years.
Finally, permanent partial disability (PPD) spells out compensation for the amputation or loss of use of fingers, toes, eyes, and the like, as well as significant burns and hernias.
The Difference Between Workers’ Compensation and Disability
The Difference Between Workers’ Compensation and Disability
Workers’ compensation covers injuries and illnesses sustained on the job. On the other hand, Social Security Disability (SSD) benefits assist other people in need. Both those who suffer from severely limiting disabilities which prevent them from working and those who have limited resources and income can earn these benefits.
A person is considered to be disabled if they have a “medically determinable” condition that “is expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months,” according to the Louisiana Department of Children and Family Services (DCFS).
Disability Determination Services assesses disability claims. Many “medically determinable” impairments are listed inthe Social Security Administration (SSA)’s “Bluebook,” which includes many disabling conditions that leave you unable to do your job (or any other job might qualify to perform).
If DDS rejects your claim, you can appeal to an administrative law judge and, potentially, the federal courts.
What Is the Average Settlement for a Workers’ Compensation Claim?
What Is the Average Settlement for a Workers’ Compensation Claim?
The workers’ compensation lawyers from our firm know that no claim is “average.” All cases are unique, and settlements depend on a host of individual factors, like:
- The severity of your injury
- The extent of your medical bills
- The amount of money you earned
- The amount of time you expect to be away from work
- Whether you wish to take a lump sum or a structured settlement
The key is to find a solution that works for you and your family. By speaking with us, you will get a better sense of how much your claim might be worth. You will have an advocate who will negotiate with the insurance company on your behalf and ensure that your rights are always protected.
With a lawyer, you will have someone to advise you on your options, help you weigh the pros and cons of settling or taking your case to a workers’ compensation judge, or what kind of settlement best suits your situation.
Call the offices at Laborde Earles Injury Lawyers today at (337) 777-7777 and see how our workers’ compensation lawyers can fight for a successful outcome.
Who Is Not Covered by Workers’ Compensation?
Who Is Not Covered by Workers’ Compensation?
Whether they are full-time, part-time, seasonal, or minors, employees of nearly every business are covered by workers’ compensation in Louisiana. Those who are an officer owning less than 10% of a corporation or limited liability company are not eligible, though (according to Revised Statutes (RS) §1035).
Other groups are exempt from workers’ compensation, including:
Domestic and Agricultural Workers
Employees of private households and unincorporated farms, if they make no more than $1,000 a year, as well as musicians and performers working under contract are exempt.
Transportation Workers
Transportation employees covered by the Federal Employer’s Liability Act (FELA), the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA), or the Jones Act are also excluded from workers’ compensation, according to RS §23:1035.2. (FELA covers railroad employees; the LHWCA covers injuries incurred on “navigable waters of the United States”; and the Jones Act extends FELA to workers injured at sea.)
Other Types of Workers
Other forms of employment that exempt people from workers’ compensation are:
- Uncompensated officers and board members of nonprofits, as well as most volunteers, according to RS §23:1046
- Volunteer firefighters (RS §23:1036.1 specifies that their coverage must include posttraumatic stress injuries)
- Public officials under RS §23:1034
- Real estate brokers and salespeople under RS §23:1047
- Airline crew involved in spraying or dusting under RS §23:1045
- “Landmen,” or those “negotiating business agreements that provide for the exploration for or development of minerals” under RS §23:1048
- Independent contractors are exempt “unless a substantial part of the work time … is spent in manual labor,” according to RS §1021.
Can You Get Pain and Suffering with Workers’ Compensation?
Can You Get Pain and Suffering with Workers’ Compensation?
RS §23:1032 makes workers’ compensation claims “exclusive of all other rights, remedies, and claims for damages,” which means that you cannot bring a lawsuit seeking compensation for pain and suffering against your employer. You are only entitled to the compensation specifically enumerated in state statutes (the only exception is if your employer has intentionally broken the law.)
However, in some cases, your employer or a coworker may not be solely responsible for your injury. Perhaps a third party manufactured equipment that broke, leading to your pain and suffering. Maybe you were involved in a traffic accident while driving for work. RS §23:1101 allows you to claim workers’ compensation and bring a lawsuit against that third party.
In addition, your employer and/or their insurance company can also bring a case against said third party for the compensation it has awarded you. The law dictates that their recovery “shall be identical in percentage to the recovery of the employee or his dependents against the third person.”
If you have questions about whether you are eligible to bring a pain and suffering lawsuit, contact Laborde Earles Injury Lawyers today. The sooner you call our offices at (337) 777-7777, the sooner your workers’ compensation lawyer can get started.
Do I Have to Go Back to Work After My Workers’ Compensation Ends?
Do I Have to Go Back to Work After My Workers’ Compensation Ends?
If you have suffered an injury at work, Louisiana’s workers’ compensation laws are designed to get you back on the job as quickly as possible. Your employer cannot fire you for being on workers’ compensation but they are not required to hold open your job or create a new position for you.
Under RS §23.1221, temporary total disability (TTD) benefits end “when the physical condition of the employee has resolved itself to the point that a reasonably reliable determination of the extent of disability of the employee may be made and the employee’s physical condition has improved to the point that continued, regular treatment by a physician is not required.”
Suppose your physician clears you to return to work with restrictions. In that case, you may be able to claim supplemental earnings benefits, which pay two-thirds of the difference between your former average weekly wage and your current one. There are alternate ways to work.
Other options include returning to a related occupation that suits your skills, on-the-job or short- or long-term retraining programs, or self-employment.
What Is the Statute of Limitations for Workers’ Compensation?
What Is the Statute of Limitations for Workers’ Compensation?
There are a few time limits to keep in mind. The first is that an employer must be notified of an accident within 30 days under RS §23:1301. Otherwise, you forfeit your right to seek compensation.
§23:1209 contains other time limits that pertain to claims for disability payments and medical benefits claims. These claims will be time-barred after a certain point unless involved parties reach an agreement—or a party files a formal claim with the Louisiana Workforce Commission—within one year of the date of the accident.
What Is a Retro Workers’ Compensation Policy?
What Is a Retro Workers’ Compensation Policy?
Retro—or retrospective—workers’ compensation policies are complex rating systems companies use to try to control their workers’ compensation costs. In essence, these policies base a companies’ premium on the losses incurred during that premium period. In other words, if there are fewer or less expensive workers’ compensation claims, the premium gets reduced.
For obvious reasons, these plans encourage employers’ to keep workers’ compensation costs down—as they carry more risk than traditional workers’ compensation plans. If there are significant losses, a company could be on the hook for more than it budgeted. Thus, these workers’ compensation policies tend to work better for larger companies that can absorb sudden losses.
If your employer has a retrospective compensation policy and you would like more information about how it might affect your claim, call the offices of Laborde Earles Injury Lawyers at (337) 777-7777 to speak with a workers’ compensation lawyer today. Our workers’ compensation lawyers will help you review your claim and help you better understand what your employer’s workers’ compensation policy means for you and your family.
Can You Collect Workers’ Compensation and Disability at the Same Time?
Can You Collect Workers’ Compensation and Disability at the Same Time?
Injured workers are eligible to receive workers’ compensation and Social Security Disability (SSD) simultaneously, but only to a point. According to the Social Security Administration (SSA), these benefits added together can only comprise 80% of your earnings before you became disabled. If the combination of workers’ compensation and SSD rises above that threshold, SSA reduces your SSD payment until you meet it.
At least, that is the way it works in most states. SSA reports that Louisiana, however, is one of 13 states with “reverse offset plans.” These work the opposite way: Workers’ compensation payments, not SSD, are reduced until the 80% threshold is reached.
If you earned $1,000 per week before your injury, TTD would pay you $666.66. Your SSD payment might be $400 a week. In this scenario, to get you to the $800 cap, Louisiana would reduce your weekly TTD payment to $400.
For Louisiana, the benefits of such a plan are clear—the federal government funds SSD, while the state’s businesses pay for workers’ compensation insurance.
How Much Can I Expect from My Workers’ Compensation Claim?
How Much Can I Expect From My Workers’ Compensation Claim?
Louisiana requires workers’ compensation to pay for all necessary medical expenses related to an injury. Beyond that, the state spells out specific formulas for disability payments.
For TTD and PPB claims, Louisiana sets indemnity payments for the life of the disability at two-thirds of your average weekly wage in the four weeks before your injury. This payment level is not adjusted for cost of living or inflation. If you return to work at a lower wage, you are eligible for SEB—which pays two-thirds of the difference between your current wage and your pre-injury wage.
Workers who have lost limbs or suffered a hernia qualify for PPB. The amount of time they receive disability payments depends on the nature of their injury. Some workers may be entitled to an additional $50,000 payment:
- Those who have experienced significant burns
- Those who have become paraplegic or quadriplegic
- Those who have lost a combination of limbs
If a worker dies with no dependents, their surviving children will split a $75,000 lump sum payment. If they have no dependents, each surviving parent receives $75,000. If the worker has someone partially dependent on their earnings, that person will receive a weekly payment proportionate to the income the deceased provided.
Can I Lose My Job While on Workers’ Compensation?
Can I Lose My Job While On Workers’ Compensation?
In Louisiana, your employer cannot fire you solely for receiving workers’ compensation. At the same time, they are not required to hold your position or create a new one for you.
Because Louisiana cuts off TTD when you are able to perform work, your doctor may clear you to return to work with conditions that prevent you from jumping back in. In these cases, your employer may offer you a modified position or conduct a job survey to find a job in your area in a related occupation that matches your experience and skills.
If your employer cannot do that, they are required to place you with a vocational rehabilitation counselor who will seek on-the-job training or help you find a retraining program. The retraining program—paid for by the employer or their insurer—usually lasts no longer than 26 weeks. However, you are eligible for up to another 26 weeks if a workers’ compensation judge agrees. You must request retraining within two years of the date your disability benefits ended.
If your employer does not pay for vocational rehab, you may file a claim with the workers’ compensation court. On the other hand, if you refuse to work with a vocational rehab counselor, your disability benefits may be reduced.
Can I Get a Settlement from Workers’ Compensation If I Go Back to Work?
Can I Get a Settlement From Workers’ Compensation If I Go Back To Work?
Under RS §23:1271, you can negotiate a workers’ compensation settlement six months after receiving your last TTD payment, at which point you would have been cleared to return to work. You and your employer may waive this waiting period.
But be careful not to wait too long. Once you meet certain qualifications, you might have lost leverage for negotiations. These include:
- Having been cleared for work
- Reached maximum medical improvement—the point at which your condition is stable and unlikely to further improve with treatment
- Undergone a functional capacity evaluation
- Given your employer time to conduct a job market survey or place you in vocational rehabilitation
Make sure that you know whether a structured settlement or lump sum settlement will better suit your needs.
By consulting with a workers’ compensation lawyer at Laborde Earles Injury Lawyers, you will have an advocate fighting for your rights each step of the way. We will advise you regarding all of your options and give you the information you need to make informed decisions.
Call our offices today at (337) 777-7777.
How Will My Lawyer Calculate My Workers’ Compensation?
How Will My Lawyer Calculate My Workers’ Compensation?
Every workers’ compensation claim is different, so there is no single formula for calculating a settlement. The amount will depend on myriad factors, including:
- The type and extent of your injuries
- How long you will receive medical treatment
- How much income you stand to lose over the long run
- The quality and thoroughness of your medical documentation
- When you began negotiating a settlement
Sometimes, people who drive for work sustain injuries after being hit by another vehicle. In these cases, you might be able to file both a workers’ compensation claim as well as a personal injury lawsuit related to your accident.
A lawyer will protect your rights and inform you of your options. They will examine the evidence and negotiate with insurance companies.
At Laborde Earles Injury Lawyers, we will help you understand how much your claim might be worth, We will always fight to get you the compensation you deserve. Call our offices today at (337) 777-7777.
How Do I Maximize My Workers’ Compensation Settlement?
How Do I Maximize My Workers’ Compensation Settlement?
To maximize your workers’ compensation settlement, start at the beginning and make sure to take care of yourself. Perform the following actions:
- Report the accident to your employer immediately
- Seek medical attention as quickly as possible
- File your workers’ compensation claim quickly
- Attend your medical appointments
- Keep thorough records
- Consult a workers’ compensation lawyer
Throughout the process, there are some other things worth bearing in mind. Per RS §23:1121, you will be required to see a physician provided and paid for by your employer or their insurance company. However, the insurer cannot force you to see more than one physician of its choice in any field or specialty.
The law allows you to select a treating physician in any field or specialty, as well as the one that your employer chooses. It is advisable to do so and not rely only on the options provided by your employer’s insurance company.
Regardless of your physician, be mindful, honest, and precise in your communications. Your employer’s insurance company will likely review your doctor’s notes while evaluating your case. The insurance company may also be checking up on your attendance at appointments, tracking your social media, and looking for any indication that you are not as injured as you claim.
One other key point—if the insurance company denies your claim, do not give up.
Should I Accept My First Workers’ Compensation Offer?
Should I Accept My First Workers’ Compensation Offer?
In Louisiana, settlement offers are voluntary, which means you are under no obligation to agree. With workers’ compensation (as with most negotiations), the first offer might not be the best—even if it seems like a large sum on the surface.
But each case is unique. There is no single rule for negotiating with insurance companies. These are difficult decisions you might have to make while dealing with medical bills, doctors’ appointments, and even surgeries.
Additionally, there is more to a settlement than finding the right dollar amount. You also must determine whether you want a lump sum or a structured settlement—and if you decide upon a structured settlement, how you would like it structured.
A workers’ compensation lawyer will help you work through these choices and how to determine whether that initial settlement is worth accepting. Never agree to a settlement unless you are completely satisfied.
Remember, insurance companies generally want to reduce their costs over the long term. Paying a lump sum now might save them considerable money compared with years or decades of indemnity benefits or medical expenses. Even if the insurance company initially denied your claim, it might think it safer to settle now than risk a ruling from a workers’ compensation judge.
How Long Does It Take to Negotiate a Workers’ Compensation Settlement?
How Long Does It Take to Negotiate a Workers’ Compensation Settlement?
The time it takes to negotiate a settlement will depend on the specific circumstances of your case. But the state’s practices and statutes of limitations provide a general sense of the timelines involved.
If your workers’ compensation claim has been denied and you file a Disputed Claim for Compensation, your case will usually make its way to a workers’ compensation judge in about six to nine months, according to the Louisiana Workforce Commission.
If you have received TTD benefits, state law bars a settlement until six months after the last benefits are paid, though both parties can agree to waive the waiting period. The law also requires injury and medical benefits settlements to occur within one year of the accident, unless a claim has already been filed with the Louisiana Workforce Commission. However, if the insurance company has paid medical claims, the clock does not run out until three years after the last payment.
Once you file a claim with the state, you have five years to hash out an agreement or request a hearing. Otherwise, your claim will be dismissed.
Of course, these are simple parameters. It is up to you and your workers’ compensation lawyer to decide what you want to do.
What Is a Workers’ Compensation Offer?
What Is a Workers’ Compensation Offer?
A workers’ compensation offer occurs when an injured worker’s employer (or its insurance company) proposes a settlement to conclude a workers’ compensation claim.
If you have received an offer to settle your workers’ compensation claim, review it carefully and do not agree to it unless you are fully satisfied that it meets your needs. You may also wish to speak to a workers’ compensation lawyer to determine whether this offer is right for you or whether you should reject it.
All offers are voluntary. You are not obliged to accept them. Nor should you feel obligated to accept something less than you deserve, simply because you do not believe your employer was to blame for the accident. The effects of a disabling workplace injury could linger for years or even decades to come.
Make sure you are protecting your rights.
Contact Laborde Earles Injury Lawyers. We can help you figure out the medical jargon and insurance red tape. We will work with you to craft a settlement that serves your interests. Call our offices today at (337) 777-7777.
Call Laborde Earles Injury Lawyers Today
After you have been injured at work, you should be focused on your recovery—getting the treatment you need to get back to work. If you cannot work, you can plan to establish that your family will be provided for.
However, your claim might be denied. This may occur because an insurance company might reject medical treatments or surgeries as unnecessary, or you might be pressured to take a job that pays far less than you were making (or a settlement that will not provide for your needs).
The workers’ compensation lawyers at Laborde Earles Injury Lawyers are here to help. Our team will assess your claim, review your options, and work with you to achieve a fair outcome. We can help you decide when to settle or take your case to a workers’ compensation judge. We can also help you decide what kind of settlement you should seek and what kind of terms will benefit you in the long run.
Most of all, we try to take the hassle out of an arduous process. You have got enough to worry about.
Contact Laborde Earles Injury Lawyers at (337) 777-7777.