If you suffer an on-the-job injury, you are covered by workers’ compensation benefits. Coverage for a work-related injury is available to full or part-time employees starting from their first day of employment with a company.
As long as your work injury occurred while performing the duties of your job, you can receive workers’ comp benefits. They can cover a singular event, such as falling off scaffolding or being struck by an object. However, repetitive motion injuries or work-related illnesses are also covered, allowing you to receive payment for medical expenses and lost wages.
Unfortunately, issues may arise when you try to get the care you need for your workplace injury. The rules and regulations imposed by the Louisiana Workforce Commission can be confusing. There are also circumstances where employers do not fulfill their obligations of reporting the incident.
If you’re left high and dry without the workers’ compensation benefits you deserve, turn to Desiah Law Firm, LLC, where we always put our clients first. Our aggressive legal representation and diligence ensure you’ll have someone demanding higher compensation for you. Contact the Desiah Law Firm, LLC, today to get a free consultation with a New Orleans workers’ compensation lawyer.
An Overview of the Workers’ Compensation Claim Process
Unlike a car accident, it does not matter if you were at fault when you got hurt at work. As long as you didn’t intentionally injure yourself, you have the right to file a workers’ compensation claim.
After you sustain work injuries, you need to report the accident to your employer within 30 days. It’s best to do so immediately after you have been injured and put it in writing with the date and time the accident occurred.
You should also get the medical care you need. Injured workers in Louisiana can choose their own doctor to treat their injuries. La. R.S. 23:1121(B)1) provides that an employee shall have the right to select a treating physician in any field or specialty. After the employee’s initial choice, the employee shall obtain prior consent from the employer or his workers’ compensation carrier for a change of treating physician within that same field or specialty. Louisiana law does allow the employee to change to a treating physician in another field or specialty without requiring the employer’s approval for change.
Louisiana law requires that your employer file a first report of injury within 10 days of the workplace incident to start your workers’ compensation claim. Louisiana law dictates that an employer complete a report of injury/illness form and provide a copy to the employee after knowledge of an incident or illness. If your workers’ compensation benefits are denied in whole or in part, you may file a disputed claim for compensation, Form LWC-WC 1008.
Many injured workers don’t know where to turn once they are denied their benefits. If you were hurt on the job, you should not be stuck with medical bills or lose the income you and your family need. The Desiah Law Firm, LLC will stand up for you and fight for what you deserve. Our New Orleans workers’ compensation attorneys put you first when seeking maximum compensation for your workers’ comp claim.
How to Receive Workers’ Compensation Benefits
If you receive benefits for workers’ compensation, you will typically get coverage for your medical bills and lost wages, also known as indemnity benefits.
Medical Benefits
Your workers’ compensation should pay for all medical care related to your work injury. This can include compensation for your doctor and hospital bills, prescriptions, and medical devices. You can also receive mileage reimbursement for travel to and from all doctor appointments for your injury.
Lost Wage Benefits
If your injury is serious enough that you are unable to work, you can also qualify for lost wage benefits, also known as indemnity benefits. These temporary disability benefits provide you with two-thirds of your average weekly wage, which is also subject to a maximum weekly amount.
Lost wage benefits are typically provided until your doctor has certified that you have reached maximum medical improvement. If you can work a light-duty or part-time job that pays less than 90% of your usual wages, you can get supplemental earnings benefits that amount to two-thirds of the difference between your regular and reduced wages, which is available for up to 520 weeks.
Other Wage Loss Benefits
When you file your workers’ compensation claim, you can also obtain benefits for wage loss if you have a permanent disability. Permanent total disability benefits will pay two-thirds of your regular wages up to the weekly maximum.
Permanent partial disability is also a possibility that provides you with two-thirds of your wages depending on the severity of your disability and which body part is affected. In some cases, workers who suffer injuries on the job may receive a lump sum of up to $50,000 for catastrophic injuries. Those injuries include paralysis, amputations, or loss of vision. If you lose a loved one due to a work injury, death benefits can be recovered.
At Desiah Law Firm, LLC, you will have an experienced workers’ compensation attorney on your side advocating for you throughout the entire legal process. We will help you appeal if your claim is denied and put you first as we seek justice for your job-related injuries. Let a New Orleans workers’ compensation attorney from our legal team provide the aggressive representation you need to fight for what’s fair in your workers’ compensation claim.
Why Claims for Workplace Accidents Are Denied by Workers’ Compensation
After a work-related accident, you should expect that your employer’s workers’ compensation insurance company will cover the costs of medical treatment and supplement your pay. However, not every employee injured by a workplace accident gets the coverage they need.
You may be surprised when your workers’ compensation claim is denied. This does not mean that you aren’t entitled to those benefits, but you will need to fight for them. There may be incomplete paperwork or other evidence required that was missing from your claim, such as issuing medical records or proof that you were performing job-related tasks at the time. The Desiah Law Firm, LLC, lives for the fight and is ready to help you get the coverage you deserve.
In most cases of workers’ compensation claims, the employer files the paperwork without incident. However, there are unscrupulous employers that look to cut costs. As a result, they may engage in discriminatory behaviors that are not legal or ethical.
Your personal injury matters and our legal experience is the key to satisfying the personal injury claim for your workplace injury. An employer cannot terminate employees for filing workers’ compensation claims. They also cannot interfere with the process of filing for workers’ comp.
If you are threatened or discouraged by your employer from filing this claim with the insurance company providing workers’ compensation benefits, you have the right to legal recourse through a personal injury lawsuit. They also can’t reduce your wages or demote you after you file your claim for workers’ compensation.
Don’t let your boss bully you out of the benefits you are entitled to receive from workers’ compensation. Perhaps they do not have this insurance coverage as they are required to by law. No matter the situation, let a New Orleans workers’ compensation attorney from our legal team help you get the coverage you need for your serious injuries by setting up a free initial consultation today.
How New Orleans Workers’ Compensation Lawyers Can Uphold Your Rights
The reason why workers’ comp exists is to protect every injured worker after a job-related injury. In many cases, workers’ comp is provided without any issues. However, there are many instances where the insurance company providing workers’ comp benefits denies coverage that it is obligated to provide. There could also be a problem with the employer not reporting the work injury.
Most people think construction workers are the only ones who will need workers’ compensation for traumatic brain injuries and other severe injuries. The workers’ comp system is there to cover every employee of an organization in all industries, not just construction.
Injured workers have the right to receive benefits and get the protection they need. Our New Orleans workplace accident attorneys will stand up for your rights and won’t back down.
When it comes to worker’s compensation, we will help you:
- Investigate what happened to see if your employer was negligent
- Speak with witnesses
- Get copies of the accident report
- Advise you of your legal rights
- Help you fill out and file complicated workers’ compensation documents
- Prove your claim through medical evidence, medical records, and testimony from medical experts
- Negotiate with the insurance company for your settlement
- Represent you at the workers’ compensation hearing if your case goes to trial
Only a Louisiana attorney will have extensive knowledge of workers’ comp laws in the state. With a lawyer from Desiah Law Firm, LLC, on your side, you can demand more and get the compensation you need to make up for all your financial losses from the injury at your job. We pursue each case with relentless aggressiveness to get you what you deserve. Contact us today to set up an initial consultation that gets you free legal advice with no obligation and learn more about how you can get your benefits.