LOUISIANA WORKERS' COMPENSATION CLAIMS

Most employers and businesses in Louisiana must carry workers’ compensation insurance. This type of coverage repays injured employees for their medical bills, lost income, and other losses. 

However, some employers and insurance providers attempt to deny reasonable workers’ compensation claims. This can result in significant monetary damage to the victim. 

Ideally, businesses would fully recognize and honor the value of their workers’ labor. Sadly, some employers care more about their bottom line than the well-being of the employees who built their wealth.  

Workers’ compensation is a government-mandated program. It ensures that employees can recover if they are injured or become disabled in the workplace. Louisiana state workers’ compensation attorneys can support you throughout the process of recovering benefits. 

According to information from the Louisiana Workforce Commission, most workers in the state are covered by workers’ compensation insurance. However, there are some exceptions.  

The following types of workers may not be entitled to workers’ comp payments following an on-the-job injury or accident: 

• Subcontractors
• Public officials
• Domestic employees
• Independent contractors
• Those providing volunteer work
• Directors and officers of some nonprofit institutions 

Without proper exemptions, employees should be covered by workers’ comp insurance. If you believe that your employer is not carrying the required coverage for you, speak with the attorneys at Morgan and Morgan. 

Violations can also be reported to the Office of Workers’ Compensation Administration (OWCA). It’s important to hold non-compliant businesses accountable.

In the state of Louisiana, workplace accident and injury victims can pursue several types of compensation. The four kinds of workers’ compensation benefits in Louisiana are:

Temporary Total Disability

This type of benefit is recoverable by employees who are temporarily unable to work. But those eligible for temporary total disability payments are expected to return to work in the future.

Temporary Partial Disability

These payments are for injury victims not hurt badly enough to completely miss work throughout their recovery. If you have sustained an injury that prevents you from performing only certain job tasks, you may be able to recover temporary partial disability. 

This type of payment can make up for the difference in pay if you can work some days but not others because of your injury. 

Permanent Partial Disability

These benefits are available depending on the nature and severity of your workplace injury. These payments continue for a longer period of time than temporary disability payments.

Permanent Total Disability

These compensatory payments are intended to make up for injuries that will prevent you from working for the rest of your life. In the aftermath of a catastrophic on-the-job injury, reach out to Louisiana state workers’ compensation attorneys to explore the full range of your legal options.

From the first day that you begin a new position, you should be covered under your employer’s workers’ comp policy. These benefits cover full-time, part-time, and seasonal workers. 

Following an accident or injury in the workplace, you can apply for workers’ compensation earned benefit payments. Injury victims can hope to receive payment for the following types of losses:

Lost Wages and Indemnity

Injured employees can seek to recover weekly compensatory payments based on their average pay per week. Through a successful workers’ compensation claim in Louisiana, you can recover up to two-thirds of your typical weekly pay.

Medical Costs and Losses

Workers’ compensation payments should also cover any reasonable and necessary medical care. Workplace injuries often result in mounting medical bills for the victim. 

Workers’ compensation payments in Louisiana cover the following types of treatments and appointments: 

• Hospital stays
• Physical therapy
• Post-surgical care
• Visits to the doctor
• Necessary surgeries 
• Diagnostic visits, labs, and tests

Victims of on-the-job injuries should not have to pay for the mounting medical bills resulting from their accidents. Speak with an attorney to determine the full amount of medical compensation you can hope to recover through workers’ compensation benefits.

Vocational Rehabilitation

Sometimes, injured workers are permanently unable to return to their previous occupational positions. However, these workers can be trained for new employment opportunities.  

Vocational rehabilitation programs retrain injured employees for new positions. Those completing this type of rehabilitation may return to their previous place of employment or find work elsewhere.

Some workers’ comp claims get denied unreasonably. If you believe that this has happened to you, it’s important to seek trustworthy legal representation.  

An earned benefits claim might be denied for a number of reasons. Some application denials happen because of minor application mistakes. Consulting with a legal professional before you apply for workers’ compensation can help you avoid these common errors. 

Those facing denied claims have the right to appeal the decision. But avoiding a denial in the first place is always better. Some of the most common reasons for denials of workers’ comp applications include:

The Accident Did Not Happen at Work

To have a valid workers’ comp claim, the accident or injury must have taken place while you were performing occupational duties. Consider the following example. 

You work as a server at a restaurant. If you fall and break your leg while clearing tables, you are probably entitled to workers’ comp benefit payments. If you fall while playing basketball on your day off, you will not have a valid claim.

The Victim Did Not Visit an Approved Medical Care Provider

When you are injured at work, your employer or their insurance company may have the right to determine where you go for medical care. These pre-approved care providers sometimes attempt to downplay the harm from the accident or injury in service of the insurer. 

While you may be legally required to visit an approved care provider, you should speak with an attorney as soon as possible. A workers’ compensation lawyer can give you the highest chance of securing adequate compensation for the treatment you need. 

The Application Was Not Filed by the Deadline

After a workplace accident or injury, you must inform your employer about the incident as soon as possible. Louisiana state law gives injured employees 30 days to notify their supervisor of an injury. 

As long as you notify your employer within this time frame, you will have between one and three years to file a workers’ comp claim. Still, it is critical to consult with a legal professional quickly after your mishap. 

Filing for benefits in an accurate and swift manner will give you the best chance of getting the money you need. Fortunately, the team at Morgan & Morgan has extensive experience helping injured workers recover benefits.

The Injury Resulted From Employee Negligence

If an injury or accident was the result of the victim’s carelessness, they will be unlikely to receive benefits. Employees engaged in horseplay or roughhousing are not considered to be performing their job functions. 

Therefore, any injuries resulting from this type of behavior are not covered by workers’ compensation insurance. This is also true for injuries that happen after physical altercations between workers.

Disputed Workers’ Compensation Claims

In some instances, applications are denied because the workers’ employer disputes the validity of the claim. Unscrupulous businesses may dispute these claims to prevent their workers’ compensation coverage costs from increasing.  

It is important to get help from Louisiana state workers’ compensation attorneys if your employer attempts to deny you coverage. A skilled attorney will know how to build the strongest case possible regarding your workplace injury claim.

When you can’t work and are facing mounting medical bills, the costs of legal representation may seem daunting. Fortunately, the accomplished team at Morgan and Morgan operates on a contingency fee basis. 

This means that our clients do not pay any legal fees until we win or settle their case. When our attorneys take your case, they will agree to represent you in exchange for a specific portion of the financial recovery resulting from your claim. As our client, you will pay nothing until we get money for you.

In the moments after an on-the-job accident, it’s normal to feel scared and confused. After attending to any medical emergencies, take the following steps: 

• Report the accident
• Seek appropriate medical care
• Follow your physician’s instructions
• Submit requested medical exams
• Request a copy of the accident report
• Do not discuss the case with anyone
• Keep thorough notes about your experience

Taking the right actions after sustaining an injury will give you the highest likelihood of recovering the financial compensation you need. Every year, many workers’ compensation applicants face denied claims because they fail to take the appropriate actions to bolster their cases.

When you need skilled workers’ compensation attorneys in Louisiana, contact Morgan and Morgan. When you work with us, you can rest assured that your workplace injury claim is in capable hands.  

Schedule a no-cost workers’ compensation case evaluation by completing the simple form on our firm’s website today. Let the Louisiana state workers’ compensation attorneys at Morgan & Morgan recover the financial compensation you need and deserve after your workplace injury.