Workers’ Compensation Lawyer in Baton Rouge
The city of Baton Rouge depends heavily on industrial commerce to drive the economy. Because of this, many workers’ comp claims in East Baton Rouge Parish and the surrounding areas are from industrial work.
If you’ve been hurt at work, you understand just how devastating those injuries can be. Workplace accidents can result in major injuries and disability, both of which can have a major impact on the victim’s life.
Any work-related injury can have long-term financial and emotional effects on victims and their families. Even the most minor injuries sustained on the job can result in expensive medical bills, lost work, lost income, and chronic pain.
If you’re dealing with the fallout from a workplace injury, call the Baton Rouge workers’ compensation lawyers at Gordon McKernan Injury Attorneys for help.
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Proven Results of Our Baton Rouge Workers Comp Lawyers
With a remarkable track record of achieving over $3 Billion in total recoveries, our team at Gordon McKernan Injury Attorneys knows the ins and outs of Louisiana law and specializes in workman’s compensation claims.
Having an impressive tally of 200+ Personal Injury Million+ verdicts and settlements in personal injury cases, we work hard to deliver justice for all of our clients in Baton Rouge. What sets us apart is our unparalleled wealth of knowledge, with 679+ years of combined legal experience.
When you choose us, you’re not only backed by our G Guarantee but also by the legacy of excellence represented by Gordon McKernan Injury Attorneys.
Common Types of Workers’ Compensation Claims near Mid City South
Plant workers, chemical workers, and refinery workers are more likely than most other industries to become injured on the job due to the dangerous nature of their work.
Even though these jobs come with known safety risks, the workers’ compensation system is in place for those and other workers whose income will be disrupted when they’re injured on the job.
In Baton Rouge, the following workplace injuries are fairly common:
- Slips, trips, and falls
- Joint sprains and strains
- Burns
- Injuries caused by collisions with large or heavy objects
- Head injuries including traumatic brain injuries
- Eye injuries
- Hearing loss
- Crushing or compression injuries
- Broken bones
- Catastrophic injuries including amputations
- Repetitive motion injury
- Neck and spinal cord injuries that could lead to paralysis
- Assaults and other violent acts
- Accidents while driving
- Heavy equipment malfunction
- Over-exertion caused by lifting, pushing, carrying, or pulling too much
Who Is Eligible for Workers’ Compensation in Baton Rouge?
In Baton Rouge, most employees—whether you’re full-time, part-time, or seasonal—are covered under workers’ compensation. However, certain roles like domestic workers, real estate agents, public officials, and some nonprofit directors don’t always qualify.
If you’re injured at work, you can usually file a claim regardless of fault, unless the injury was intentional or you were intoxicated at the time. If you’re not sure whether you qualify, it’s always smart to reach out to a Baton Rouge workers’ compensation lawyer for clarification.
Independent Contractors
Independent contractors typically don’t qualify for workers’ comp, but there’s a catch. If your employer has significant control over how you do your job, you might be misclassified, which means you could still be eligible. When in doubt, get in touch with a Baton Rouge workers’ comp attorney to review your situation.
Offsite Injuries
While commuting injuries aren’t usually covered, injuries sustained during business trips or other work-related activities may be. If you’re unsure about your offsite injury, a Baton Rouge workers’ compensation lawyer can help sort things out and ensure you’re on the right path to getting the benefits you deserve.
What Workers’ Comp Coverage Am I Eligible For?
Louisiana law allows for four types of workers’ compensation, depending on the severity of your injuries:
Temporary Total Disability
This coverage is for injuries that leave you completely unable to work during your recovery.
- You could be eligible for these if you receive special certification from your doctor attesting to the fact that you are unable to work.
Temporary Partial Disability
This coverage applies to injuries that inhibit you from performing certain job tasks, such as lifting heavy objects, operating some machinery, and the like.
- If you’re still able to work at a reduced capacity, TPD can help cover the discrepancy in your pay.
Permanent Partial Disability
These benefits can help cover costs related to the permanent effects of your accident.
- Depending on your situation you could be eligible for additional compensation above the physical impairment caused by your work-related injury.
Total and Permanent Disability
These benefits can help cover costs associated with the permanent effects of your injury, including assistive equipment, surgeries, therapy, and other costs.
- If you’ve suffered an injury that results in a disability preventing you from working again, you could qualify for TBD coverage.
Know Your Entitlements: Worker Compensation Benefits Near Highlands
Medical Benefits After an On-the-job Injury
Employers must provide medical care for job-related injuries. Injured workers can generally choose their doctor, though employers can request a second opinion. Delays in getting care can be frustrating, but a Baton Rouge workers’ compensation lawyer can help by coordinating with insurers, employers, and doctors to secure timely treatment and approvals.
Vocational Retraining After a Work Injury
If you’re unable to return to your previous duties due to injury, you may qualify for job retraining to find work suited to your limitations. A Baton Rouge workers’ compensation lawyer can also ensure you’re not forced back to work until you’re medically cleared and fully recovered.
Baton Rouge Worker Compensation Claims: Steps to Take for a Fair Resolution
If you’re injured at work in Baton Rouge, follow these steps to protect your rights and maximize your compensation:
- Seek medical attention: Prioritize your health and get immediate medical care, even for minor injuries. This creates a crucial record for your claim.
- Notify your employer: Inform your employer promptly in writing about the accident, including details like the date, time, and circumstances to avoid claim denial.
- Gather evidence: Collect photos, witness statements, surveillance footage, and other documentation to strengthen your case and prove the injury was work-related.
- File a claim: Submit a formal worker compensation claim to your employer’s insurance, detailing your injuries, medical costs, and lost wages. Meet all deadlines to prevent delays or issues.
- Consider legal help: If challenges arise or your claim is denied, consult an experienced Baton Rouge workers’ comp lawyer to guide you through the legal process and negotiate with insurers.
Act quickly to improve your chances of receiving fair compensation for your injuries.
What If My Workers’ Comp Claim Gets Denied in Baton Rouge?
If your workers’ comp claim gets denied, don’t stress—you’re not out of options. In Baton Rouge, you’re entitled to request a hearing before a workers’ compensation judge if:
- Your claim was denied
- You’re receiving less than what you’re owed
- Your payments have been delayed
- Your medical treatments were denied
- Some of your expenses weren’t covered
Getting a denial can feel frustrating, but it’s not the end of the story. You have the right to fight for the benefits you deserve. This is where an experienced Baton Rouge workers’ compensation lawyer can really make a difference. They can guide you through the appeals process, ensuring your case gets the attention it needs.
Baton Rouge Worker Comp Laws: Important Regulations to Be Aware Of
It is important to be aware of the Statutes of Limitations on Workers’ Compensation in Louisiana.
- Injured workers must notify their employer within 30 days of their injury and file a claim within one year from the date of the accident or injury. Failure to adhere to these time limits may result in the denial of benefits.
Workers’ compensation laws also cover disability benefits for employees who suffer temporary or permanent disabilities as a result of their work-related injury.
Additionally, death benefits may be available to eligible dependents in the unfortunate event of a fatal workplace incident.
Statute of Limitation Changes in Louisiana
In 2024, Louisiana law extended the statute of limitations for personal injury claims occurring on or after July 1, 2024, from one year to two years. Any injuries that occurred before July 1, 2024, will still have a 1-year statute of limitation. Learn more about Louisiana’s New Statute of Limitations here.
- 1 year for injuries sustained before July 1, 2024.
- 2 years for injuries suffered after July 1, 2024.
The statute of limitations is a legal deadline that sets a time frame for filing a lawsuit. In Louisiana, this is known as the “prescriptive period,” which determines how long you have to take legal action against the responsible party after an injury occurs.
If you have been injured at work, it is essential to consult an experienced Baton Rouge worker’s compensation attorney who can guide you through the legal process. They can help you understand your rights, navigate the complexities of the compensation laws, and ensure you receive the benefits you are entitled to under Baton Rouge worker comp laws.
A Workers’ Comp Lawyer Near Central Can Help You Get the Compensation You Deserve
After you’ve been injured at work, no matter how minor that injury may seem, notify your employer immediately. You’ll have a limited amount of time after the injury to make a claim, so file a report and see a medical professional as soon as possible.
If you’ve been hurt while on the job and are seeking fair compensation for your injuries, the team of Louisiana workers’ compensation lawyers at Gordon McKernan Injury Attorneys is here for you.
Call our Baton Rouge law firm today at 225.888.8888 to schedule a free legal consultation with one of our experienced Baton Rouge workers’ comp attorneys. Get Gordon and Get It Done!
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Baton Rouge Workers Comp Lawyer Lawyers
Settlements & Verdicts
$6,753
Neck and back pain after car wreck in Baton Rouge
Our client suffered from neck and back pain after being involved in a car wreck in Baton Rouge.
$530,000
Client was hit head on by another driver and air lifted to hospital
$530,000 verdict for client hit head on by another driver and air-lifted to hospital.
$245,000
Slip and Fall Resulting in Broken Leg
Client slipped and fell at local grocery store resulting in a broken leg and elbow pain. Case settled for $245,000.
$9,900
Baton Rouge Car Wreck Where Client Suffered Neck, Back & Shoulder Pain
Our client was involved in a car wreck in Baton Rouge, Louisiana, resulting in neck, back and shoulder injuries.
$130,000
Workers Comp Fall Injury
Our client suffered a workers comp injury from a fall onto concrete with improper safety codes met. Case resulted in a $130,000 settlement.
$250,000
Client Rear Ended on I-49
Client rear ended on I-49 resulting in neck, back, arm, and leg injuries, severe bruising and intense pain. Case resulted in a $250,000 settlement.
$1,500,000
Unborn baby damaged from x-rays to mother
Medical malpractice case against a hospital which should not have taken x-rays of 3-wk pregnant young woman. Her baby was born with a tumor against the brain. Case settled against the hospital by way of structured settlement.
$375,000
Cement Truck Accident
The client pulled up to construction site when a cement truck in front of him backed into him twice.
$175,000
Client Side Swiped in Big Rig Wreck
Our client was side swiped in a big rig wreck which resulted in head, back, hip, neck and shoulder pain. The case resulted in a $175,000 settlement.