Louisiana Workers' Compensation Lawyers
If you’ve been injured at work, you might be facing an uphill battle to receive your Workers’ Compensation benefits, which is when a Louisiana workers’ compensation lawyer will come in handy!
To clarify, if you’re getting the run-around by your employer’s HR department or the workers’ compensation office, you need a Louisiana workers comp law firm who knows the law, the courts, and how to litigate workers’ comp claims.
Every employer in Louisiana is required by law to carry Workers’ Compensation Insurance to pay for medical bills and lost wages for injured employees. However, sometimes those companies will fight against claimants to avoid properly compensating for a disability or injury. In these situations, you’re not just fighting for your health; you’re fighting against an entire machine whose only purpose is to keep from paying you what you deserve.
The Louisiana workers comp lawyers at Gordon McKernan Injury Attorneys will be able to help you get the money you need from the system in order to pay your medical bills and other costs before you return to work.
If you’re still not convinced, we encourage you to continue reading along.
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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.
If you are concerned that your employer or their insurer is withholding your rightful benefits, contact our Louisiana workers’ compensation lawyers today for a FREE consultation.
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.
- Uncompensated officers and directors of certain non-profit organizations.
- Most volunteer workers.
- 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 coverage in Louisiana provides benefits to employees who are injured or become ill as a result of their work duties.
To be eligible for workers’ comp coverage, several requirements must be met:
- You must be considered an employee and not an independent contractor. Independent contractors are typically not covered by workers’ compensation laws, as they are not considered employees.
- The employer must provide workers’ compensation coverage. Louisiana law requires most employers to carry workers’ compensation insurance or have self-insurance. This ensures that employees have access to the benefits they are entitled to if they experience a work-related injury or illness.
- The injury or illness must occur while the employee is performing work duties. Workers’ compensation benefits are designed to cover injuries that arise out of and in the course of employment. This means that the injury or illness must be directly related to the employee’s work activities.
Caution: Certain individuals may be exempt from workers’ compensation coverage in Louisiana. These exemptions include domestic employees, certain public officials, and employees of agricultural operations with less than five regular employees.
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
One of the primary benefits of Louisiana workers’ compensation is the provision of medical care. Injured workers are entitled to receive necessary medical treatment related to their work-related injuries, including:
- Doctor Visits
- Hospital Stays
- Surgeries
- Medications
- Rehabilitation Services, like Physical Therapy.
Additionally, lost wages benefits are provided to replace a portion of an injured worker’s income if they are temporarily unable to work due to their injuries. These benefits typically cover a percentage of the worker’s average weekly wages and are provided on a regular basis until they are able to return to work.
For workers who suffer permanent disabilities, disability benefits may be available. These benefits are intended to provide financial compensation for the ongoing limitations and impairments that the worker experiences as a result of their injuries.
In some cases, ongoing treatment benefits may be provided to cover the costs of continued medical care and treatment. This can include follow-up appointments, additional surgeries, or long-term therapies.
Lastly, if the work-related injuries result in the unfortunate death of the worker, funeral cost benefits may be available to cover the expenses associated with the funeral and burial.
If you have suffered a work-related injury in Louisiana, it’s advisable to consult with experienced Louisiana workers comp attorneys to understand your entitlements and ensure you receive the benefits you deserve.
Louisiana Worker Compensation Claims: Steps to Take for a Fair Resolution
When it comes to Louisiana workers comp law, it’s important to understand the necessary steps to take for a fair resolution. This process involves filing a claim, obtaining medical treatment, and gathering supporting evidence.
The first step is to promptly report the injury to your employer.
- Timely reporting ensures that your claim is filed within the required timeframe. Next, seek immediate medical attention for your injuries. Not only is this crucial for your health, but it also establishes a medical record that can support your claim.
After seeking medical treatment, it is important to notify your employer of the incident.
- This notification should be made in writing and should include details about the date, time, and location of the accident. Additionally, gather any supporting evidence such as photographs, witness statements, or any other documentation that can help strengthen your claim.
Once you have taken these initial steps, it’s recommended to consult with Louisiana Workers Comp Lawyers. An experienced Louisiana work accident lawyer can guide you through the legal process, advocate for your rights, and help ensure that you receive the compensation benefits you’re entitled to.
Louisiana Workers’ Comp Laws: Important Regulations to Be Aware Of
Louisiana Worker Comp Laws are a set of important regulations that all employers in the state must comply with. These laws provide benefits and protection to workers who suffer work-related injuries or illnesses.
In Louisiana, almost all employers are required to have workers’ compensation coverage. This coverage ensures that injured workers receive necessary medical care and compensation for lost wages.
- However, there are some exemptions to this rule, such as domestic employees, certain agricultural workers, and some public officials.
The statute of limitations for filing a workers’ compensation claim in Louisiana is two years from the date of the injury or illness. It is crucial for employees to report their injuries to their employers within 30 days to be eligible for the benefits.
Employers also have reporting requirements under Louisiana Worker Comp Laws. They must report work-related injuries or illnesses to their insurance carrier within 10 days of becoming aware of the incident.
Disputes related to workers’ compensation are mediated by the Office of Workers’ Compensation (OWC). The OWC handles various types of disputes, such as disputes over the extent of the injury, the amount of compensation, and disputes related to medical treatment.
It is essential for both employers and employees to be aware of the regulations set forth by Louisiana Worker Comp Laws. By understanding these laws, individuals can ensure that they are properly protected in case of a work-related injury or illness.
Statute of Limitation Changes in Louisiana:
Recent changes in Louisiana law have 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.
Why You Need a Louisiana Workers’ Compensation Lawyer
Employers and their insurers are loathe to pay out what they owe for workers’ injuries. Your employer’s workers’ compensation insurance is based in part on how many claims they’ve had before, so they won’t want to acknowledge the extent of your injuries.
In addition, the insurance company will attempt to settle your case as quickly and cheaply as possible, since they’re concerned about their bottom line.
Contact Our Work Accident Lawyers Near Louisiana
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All of our Louisiana Workers’ Compensation lawyers understand what you’re going through and what you need. We know you need more than the minimum offer to properly heal from your injuries and account for all the costs you’ve borne since your work injury.
We’re dedicated to our clients, and fight for their rights throughout the claim process, even taking their cases to court if necessary. What’s more, you don’t pay a dime unless we win; that’s the G Guarantee.
Don’t Hesitate – Contact us today for a FREE consultation. Get Gordon. Get It Done!
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