Louisiana Workers' Compensation Lawyers
If you’ve been injured at work, getting the Workers’ Compensation benefits you’re entitled to shouldn’t be a battle. Having an experienced Louisiana workers’ compensation lawyer on your side can make all the difference.
When you’re dealing with an unhelpful HR department or a frustrating workers’ comp office, it can feel like no one’s on your side. That’s why you need a Louisiana workers’ compensation law firm that knows how to navigate the system and stand up for your rights.
Although Louisiana law requires all employers to carry Workers’ Compensation Insurance, some companies still try to avoid giving injured employees the fair compensation they deserve. In these cases, you’re not just fighting to get better—you’re fighting against a system that might try to shortchange you.
At Gordon McKernan Injury Attorneys, our dedicated Louisiana workers’ comp lawyers are here to help you get the compensation you need to cover your medical bills and other expenses so you can focus on your recovery.
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Proven Results of Our Louisiana Workers’ Comp Lawyers
At Gordon McKernan Injury Attorneys, we have 679+ years of combined legal experience, securing 200+ Personal Injury Million+ verdicts and settlements and recovering over $3 Billion for injured victims in our Louisiana communities. We’re your ultimate advocates for Workers Comp cases across the Sportsman’s Paradise.
Who Is Covered by Workers’ Compensation Insurance?
According to the Louisiana Workforce Commission, Most employees in Louisiana are covered by workers’ comp insurance from the day they start employment.
However, there are some exceptions to who’s covered under workers’ comp insurance:
- Domestic employees.
- Most sellers of real estate.
- Public officials.
- Most volunteer workers.
- Uncompensated officers and directors of certain non-profit organizations.
- Subcontractors and independent contractors (if they’re not involved in their employer’s trade AND if they’re not performing substantial manual labor).
If you suspect that your employer doesn’t carry workers’ comp insurance or is not approved to self-insure, you can report the violation to the Office of Workers’ Compensation Administration (OWCA) Fraud & Compliance section by calling 1-800-201-3362.
Types of Workers’ Compensation Available
Louisiana law allows for four types of workers’ compensation after a workplace injury:
- Temporary Total Disability benefits help you make ends meet while you’re recovering from your work injury and unable to return to work in the interim.
- Temporary Partial Disability applies when your injury isn’t bad enough to completely miss work while you heal, but you’re unable to perform certain job requirements—in these cases, temporary partial disability benefits can make up the difference in your pay.
- Permanent Partial Disability benefits are extended financial support, beyond physical impairment coverage, that may be eligible for you to collect depending on your injury and situation.
- Total and Permanent Disability benefits can help cover your costs if your injury has rendered you completely unable to work for the rest of your life.
Damages That Could Be Covered by Workers’ Compensation
The workers’ compensation insurance carried by Louisiana businesses helps cover most of the costs sustained by their employees when they’re injured on the clock. Your employer’s workers’ comp insurance can help you pay for the following:
- Accidents or injuries that happened on the job.
- Lost wages, also known as indemnity benefits.
- Disability benefits, if you’re unable to return to work.
- Ongoing care, like physical therapy or rehabilitation.
- Funeral costs in the tragic event of a death at work.
- Illness.
- Repetitive stress injuries.
What Qualifies Me for Workers’ Compensation Coverage?
Workers’ compensation in Louisiana is there to support employees who get injured or sick because of their job. To qualify, you must:
- Be an employee, not an independent contractor, as contractors usually aren’t covered.
- Work for an employer who carries workers’ compensation insurance, which is required by Louisiana law.
- Have your injury or illness occur while you’re doing your work duties.
Remember: Some workers, like domestic employees, certain public officials, and agricultural workers with fewer than five regular employees, might not be covered by workers’ compensation.
When Should I Report My Work Accident?
After you’ve been injured at work, you should notify your employer as soon as possible. If, for whatever reason, you’re not able to report your injury right away, Louisiana law allows 30 days for workers to notify their employers of their work injury.
When Should I File My Workers’ Compensation Claim?
Louisiana law also stipulates that you will have one to three years to file your workers’ compensation claim to pay for your medical treatment. If you don’t file a claim within this time, you may not receive any benefits.
Know Your Entitlements: Louisiana Worker Compensation Benefits
If you’ve been injured on the job in Louisiana, workers’ compensation is here to help. You’re entitled to:
- Medical care, including doctor visits, hospital stays, surgeries, medications, and physical therapy.
- Lost wages benefits, which cover a portion of your income if your injury temporarily keeps you from working. These benefits usually pay a percentage of your average weekly wages until you’re able to return to work.
- Disability benefits, offering financial support if your injury results in a permanent disability, helping you cope with ongoing challenges.
- Ongoing treatment benefits, which may cover continued medical care, such as follow-up visits, additional surgeries, and long-term therapy.
If a work-related injury leads to death, funeral cost benefits are available to ease the financial burden.
If you’ve been hurt at work in Louisiana, it’s important to speak with experienced Louisiana workers’ compensation attorneys to make sure you receive the benefits you’re entitled to.
Louisiana Worker Compensation Claims: Steps to Take for a Fair Resolution
If you want to resolve your Louisiana workers’ comp claim smoothly, follow these key steps:
- Report your injury to your employer right away to make sure your claim is filed within the required timeframe.
- Get medical attention immediately. This protects your health and creates a medical record to support your claim.
- Inform your employer in writing about the accident, including details like the date, time, and location.
- Collect evidence to strengthen your claim—this can include photos, witness statements, and other relevant documents.
Louisiana Workers’ Comp Laws: Important Regulations to Be Aware Of
Louisiana Workers’ Comp Laws require nearly all employers to have workers’ compensation coverage, providing benefits and protection for workers who suffer work-related injuries or illnesses. Here are the essentials:
- Coverage: Most employers must provide workers’ comp coverage, though there are exemptions like domestic workers, certain agricultural employees, and some public officials.
- Reporting: Employees must report injuries within 30 days to be eligible for benefits, and employers must report the injury to their insurer within 10 days.
- Statute of Limitations: The deadline for filing a workers’ comp claim is two years from the injury or illness.
- Important Note: Recent law changes extend the statute of limitations for personal injury claims from one year to two years for injuries occurring on or after July 1, 2024. Any injury that occured before July 1, 2024 still falls under a 1 year statute of limitation.
- Important Note: Recent law changes extend the statute of limitations for personal injury claims from one year to two years for injuries occurring on or after July 1, 2024. Any injury that occured before July 1, 2024 still falls under a 1 year statute of limitation.
- Disputes: The Office of Workers’ Compensation (OWC) mediates disputes over issues like injury extent, compensation amount, and medical treatment.
Understanding these laws is crucial for both employers and employees to ensure proper protection in the event of a work-related injury or illness.
Why You Need a Louisiana Workers’ Compensation Lawyer
Employers and their insurers often try to avoid paying full compensation for workers’ injuries. Here’s why having a Louisiana workers’ comp attorney is crucial:
- Employer Resistance: Your employer’s workers’ comp insurance rates depend partly on the number of claims filed, so they may downplay the severity of your injuries to protect their costs.
- Insurance Company Tactics: Insurers are focused on their bottom line, so they’ll likely try to settle your case quickly and for as little as possible.
Having a knowledgeable lawyer on your side ensures that your rights are protected and that you receive the full compensation you deserve.
Contact Our Work Accident Lawyers Near Louisiana
Our Louisiana Workers’ Compensation lawyers understand what you’re going through and what you need to recover fully. We know that the minimum offer isn’t enough to cover your medical bills, lost wages, and other costs since your work injury.
We’re committed to fighting for your rights every step of the way, and we won’t hesitate to take your case to court if needed. Plus, you don’t pay anything unless we win—that’s the G Guarantee.
Don’t wait—contact us today for a FREE consultation. Get Gordon. Get It Done!
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