According to the Louisiana Workforce Commission (LWC), workers’ compensation will pay for:
- All medical expenses from your on-the-job injury
- A portion, sixty-six and two-thirds percent, of your average weekly wages during your recovery
Under certain circumstances, you may be eligible to receive compensation for mental health-related costs, so long as you can prove that mental health problems are the result of abnormal stress you experienced at your place of work.
Every Workers’ Compensation Claim Is Different
You may assess the specific circumstances of your injury or illness to determine the amount of compensation you should be entitled to receive. Louisiana Revised Statutes (RS) §23:1202 defines the maximum and minimum amounts of compensation that you may receive through workers’ compensation insurance as:
- The maximum amount of compensation that you could be entitled to through workers’ compensation is seventy-five percent of your average weekly wage.
- The minimum amount of compensation that you could qualify for is twenty percent of your average weekly salary or wage.
There are several specific circumstances that may impact the amount and type of benefits that you are eligible to collect. The LWC notes that, in circumstances where you can return to work but have a diminished earning capacity, you may be able to collect Supplemental Earnings Benefits (SEB). Such benefits pay sixty-six and two-thirds percent of the difference between your pre-injury average wage and your post-injury average wage.
Additionally, an injury determined to be catastrophic in nature could entitle you to collect a $50,000, one-time payment. Your lawyer may be aware of additional channels for you to collect possible benefits for an injury or illness that you suffered during the course of your employment and will fight for any benefits that you should be eligible to receive.
Your Medical Expenses May Be Covered
Workers’ compensation also pays for medical expenses that are deemed necessary for your recovery. There are many specific healthcare costs that may arise after an injury or illness, including:
- Ambulance transport
- Non-ambulance transport
- Emergency care
- Diagnostic tests or imaging
- Hospitalization and related costs
- Surgery and anesthesia
- Follow-up medical visits
- Rehabilitation appointments
Those who have experienced the healthcare system understand how costly and complicated care can be, even if your injury is a seemingly straightforward one. The National Safety Council (NSC) notes that the typical cost for a work injury requiring medical care was $41,000 in 2018. If you have lost a loved one from a work-related accident, costs could be $1,190,000, and that is just the average figure.
Your employer’s workers’ compensation insurance should generally cover such expenses, but you may face difficulty in securing injury-related compensation that you deserve. If you have a lawyer handling your claims process, then they will take the steps necessary to pursue the amount of compensation that you should be entitled to receive.
How a Lawyer Will Fight for You
A workers’ compensation lawyer may know what you should be paid based on the facts of your accident and injuries. Because of this, they may be able to accurately assess whether you are being treated fairly by your employer and their insurance company.
Some issues that your lawyer may handle include:
- Allegations by your employer or insurance company that your injury is not related to your work, and should therefore not be covered
- Unfounded allegations that you were under the influence of drugs or alcohol or otherwise compromised at the time of your injury
- Disputes about what constitutes necessary medical care for your injuries
- Disputes about your average pre-injury salary
In addition to handling specific problems, your lawyer may do everything possible to complete your workers’ compensation claim. This may include:
- Gathering evidence of how your injury or illness occurred
- Recording relevant witness testimony
- Filing your claim and any necessary forms
- Handling communications with your employer and their insurance company
- Negotiating a fair settlement
- Representing you in any claim-related legal proceedings
- Defending your rights
The stakes of your workers’ compensation may be great. Having access to the compensation that you need and deserve after a workplace injury could make a substantial difference in your life, as well as the lives of those who depend on you to earn a living. A lawyer will fight for you and any loved ones affected by your workers’ compensation claim.
Call Our Team Today
Facing an on-the-job injury can be stressful enough, and the workers’ compensation claims process can create additional stress that you do not need to face. Call Laborde Earles Injury Lawyers today at (337) 777-7777 for more details about how a workers’ compensation lawyer can handle your claim while you recover.