How long you can receive workers’ compensation benefits depends on the way that your injury is classified. Per the Louisiana Workforce Commission (LWC), your injury may qualify as:
- Permanent Total Disability (PTD)
- Permanent Partial Disability (PPD)
- Temporary Total Disability (TTD)
If your injury qualifies as Permanent Total Disability (PTD), then your benefits should generally be unchanged until you receive Social Security benefits, at which point your PTD benefits may be reduced.
According to Louisiana Revised Statutes (RS) §23:1221, there are various other maximum lengths for receiving workers’ compensation benefits under Permanent Partial Disability (PPD). Different injuries have different durations for which you can receive workers’ compensation benefits. In TTD, you will stop receiving benefits when you no longer require medical treatment for your qualifying injuries.
You May Collect Supplemental Earnings Benefits
Even once you are able to return to work, you may experience injury or illness symptoms that keep you from earning what you did before your ailment occurred. According to the LWC, you may be able to collect Supplemental Earnings Benefits (SEB).
These benefits compensate you for approximately sixty-six and two-thirds of the difference between your average salary pre-injury or illness and what you are able to earn after returning to work post-injury or illness. You may be able to collect such supplemental benefits for as long as ten years, depending on the circumstances of your disability.
A lawyer can fight for initial workers’ compensation benefits, as well as SEB or other benefits that you may qualify for even once you return to work.
Your Lawyer Can Handle Your Workers’ Compensation Claim
A lawyer can handle every possible aspect of your workers’ compensation claim and be a helpful resource if you are injured, ill, or have not navigated the workers’ compensation process before.
Your lawyer can assess the circumstances of your injury or illness and explain how long you can receive workers’ compensation benefits. They may then:
- File your claim
- Obtain any evidence related to your injury, such as video footage of a workplace accident or tests showing the presence of toxins in your workplace
- Interview witnesses to your accident
- Speak with medical professionals to gain a full understanding of your injuries and prognosis for recovery
- Determine what your pre-injury or illness wages were
- Determine what classification your injury falls under
- Determine the benefits you are entitled to receive
- Determine how long you should be entitled to benefits
A lawyer may also be helpful if you run into unanticipated complications with your claim.
Potential Complications During a Workers’ Compensation Claim
There is no guarantee your workers’ compensation claim will go as you hope it will, and a lawyer may be familiar with the possible complications that can arise when pursuing workers’ compensation benefits.
Some problems that can arise during the claims process include:
- Your employer alleges that you did not report your injury in a prompt manner.
- Your employer or their insurance company alleges that your injury is not work-related or is subject to some other disqualifying characteristic.
- There is a dispute about your average wages before your injury.
- There is a dispute about what forms of medical care are essential.
In the case that your injury’s status as work-related is disputed, your lawyer may file a Form LWC-WC-1008, which may lead to an eventual resolution to the disputed claim. The disputed claims process can be complicated and require various appearances in front of a judge, mediator, or both, and your lawyer will handle as much of this process as possible.
In any case, your lawyer will rely on the facts of your case and their firm’s resources to pursue a fair outcome for you or your loved one.
You May Have Much to Lose
An injury on the job can lead to a number of losses, and not receiving the workers’ compensation benefits that you deserve could have a devastating effect on you and those who depend on you.
Some of the losses that you may face because of an on-the-job injury include:
- Lost wages
- An inability to return to work for the foreseeable future
- Existing and future medical costs, which could be substantial
- Loss of physical abilities
- Loss of cognitive abilities
- Acute conditions such as depression, anxiety, and post-traumatic stress disorder
You may face a deep decline in your quality of life, and the uncertainty of being unable to work could only add to the stress that you experience. A lawyer will fight to obtain the financial assistance that you deserve through workers’ compensation benefits.
Call Our Team Today
The team at Laborde Earles Injury Lawyers will handle your workers’ compensation claim so that you may focus on recovery, your loved ones, and other important matters. Call us today at (337) 777-7777 for a free consultation.