A work-related injury or illness can have devastating consequences, both physically and financially. The Baton Rouge workers’ compensation lawyers at Dudley DeBosier are aware of the stress and uncertainty that injured workers face, and we are here to help. We fight aggressively for the rights of injured workers in Baton Rouge, Louisiana, and throughout the state.
Our team of experienced workers’ compensation lawyers in Baton Rouge will work tirelessly to ensure that you receive the compensation you need and deserve for your workplace injury. We will guide you through the complex workers’ compensation claims process and help you successfully navigate the legal system to obtain maximum results for your Louisiana workers’ compensation claim.
Filing a Baton Rouge Workers’ Compensation Claim
If you have been injured at work in Baton Rouge, you may be entitled to workers’ compensation benefits. The first step in obtaining these benefits is to file a workers’ compensation claim. This involves notifying your employer of the injury and filling out the necessary paperwork.
Once your employer has been notified of your injury, they are required to file a First Report of Injury form with their workers’ compensation insurance carrier. The insurance carrier will then investigate your claim and determine whether to accept or deny the claim.
If your claim is accepted, you may be entitled to medical benefits, wage replacement benefits, and other benefits—depending on the severity of the injury. If your claim is denied or if there was a third party involved outside of your company while you were working, get the assistance of an experienced Baton Rouge workers’ compensation lawyer to assist you with getting the benefits you are rightfully entitled to receive.
Workers’ Compensation Disputes in Louisiana
There are several reasons why your workers’ compensation claim may be denied in Louisiana. Some common reasons include:
- Your injury was not work-related
- Your injury was not severe enough to require medical treatment
- You failed to report the injury in a timely manner
- You were under the influence of drugs or alcohol at the time of the injury
- Your injury was intentionally self-inflicted or the result of your own willful misconduct
If your claim is denied, you have the right to appeal the decision. This involves filing a dispute with the Louisiana Office of Workers’ Compensation. The dispute will then be heard by a workers’ compensation judge who will determine benefits or upholding the denial based on the evidence presented.
Types of Workplace Accident Claims We Handle
There are many different types of workplace accidents that can result in injuries to workers. Some of the most common types of workplace accident claims handled by our Baton Rouge workers’ compensation lawyers include:
- Slip and falls
- Back injuries from heavy lifting
- Repetitive motion injuries
- Car and truck accidents
- Burns and explosions
- Equipment malfunctions
- Occupational illnesses
Regardless of the type of workplace accident involved, by working with our team of experienced workers’ compensation lawyers, Baton Rouge workers stand the best chance of successfully navigating the Louisiana workers’ compensation system and obtaining the benefits they deserve.
Louisiana Workers’ Compensation FAQs
What is a “work-related” injury?
A work-related injury is an injury or occupational disease that arises out of and in the course and scope of employment. This includes injuries that occur on the employer’s premises, as well as injuries that occur off-site while the worker is performing job-related duties.
What benefits am I entitled to after a work-related injury?
If you have suffered a compensable work-related injury in Louisiana, you may be entitled to the following benefits:
- Medical expenses: All medical expenses related to your work injury, including doctor visits, hospital stays, surgeries, physical therapy, and medications.
- Temporary total disability benefits: If your injury prevents you from working for some time, you may be entitled to receive a portion of your pre-injury wages. The amount you receive will depend on the severity of your injury and how long you are unable to work.
- Disability benefits: If your injury is severe enough to prevent you from returning to your previous job, you may be entitled to receive disability benefits. These benefits can help cover your living expenses while you are unable to work.
- Vocational rehabilitation: This benefit is intended to help you get back to work as soon as possible in a position compatible with your work restrictions, and with pay comparable to your pre-injury wages.
Am I entitled to pain and suffering?
No, Louisiana workers’ compensation law does not provide compensation for pain and suffering. Workers’ compensation benefits are limited to medical expenses, lost wages, and disability benefits.
How much of my wages are covered?
For injuries occurring on or after January 1, 2022, in Louisiana, injured workers are entitled to receive 66 2/3% of their pre-injury average weekly wage, subject to a maximum and minimum amount set by law. The maximum weekly benefit for temporary total disability was $ $726.43 in 2022, while the minimum weekly benefit was $ $51.14.
Can I sue my employer?
In most cases, an injured worker is not allowed to sue their employer for a work-related injury. Instead, they must file a workers’ compensation claim. However, there are some limited circumstances in which an injured worker may be able to sue their employer, such as if the employer intentionally caused the injury or did not have workers’ compensation insurance.
What if my employer refuses to report my injury?
Employers in Louisiana are required by law to report work-related injuries to their workers’ compensation insurance companies. If your employer refuses to report your injury, you should contact an experienced personal injury lawyer who can ensure that your rights are protected after a workplace injury or illness.
Dudley DeBosier, Serving Baton Rouge Work Injury Victims
If you have been injured on the job in Baton Rouge, the workers’ compensation lawyers at our law firm are here to help. We serve injured workers throughout Louisiana, including Baton Rouge, Lafayette, New Orleans, Houma, Denham Springs, and Shreveport. Our team of experienced attorneys will fight for your rights and help you obtain the benefits you deserve for your work-related injury.
Contact us today to schedule a free consultation and learn more about how we can help you with your workers’ compensation claim. We are committed to providing high-quality legal representation and helping our clients obtain maximum results.