Fighting for Compensation for Injured Workers in Louisiana

Getting injured at work or sick on the job can mean you’re out of work for weeks, months, or even years. And when you lose the paychecks you and your family depend on, paying for your medical bills and day-to-day living expenses can seem difficult or even impossible. At Dudley DeBosier, our workers’ compensation lawyers know how uncertain your life can feel when you can’t work. That’s why we’ll do everything we can to get you the workers’ compensation benefits you need. Just dial (866) 897-8495 or fill out a free initial consultation form, and let us put our years of legal experience to work for you.

Building Your Claim Step by Step

When you’re applying for workers’ compensation benefits, even a minor mistake or a single missed deadline during the filing process can cause your claim to be denied. During the application process, the Louisiana workers’ compensation lawyers at Dudley DeBosier can:

  • Calculate your current and future medical bills
  • Complete required forms
  • Ensure required deadlines are met
  • Determine your level of disability
  • Provide additional support

If your workers’ compensation settlement is denied, it’s our goal to fight for your rights and appeal your claim—even if that means taking your case to trial. You can count on Dudley DeBosier to go the extra mile for you. That’s the Dudley DeBosier Difference.

Filing a Workers’ Compensation Claim After A Work Injury

Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to any employee that gets injured in the course of their employment. In most situations, it is a requirement for employers to provide workers’ compensation coverage for their employees.

If you get hurt at work, it is important to report your injury as soon as possible to maximize your chances of getting the benefits you need. After the initial injury report, you have one year to file a workers’ compensation claim. When reporting the incident, you should provide specific information including the names of witnesses, the location of the accident, what caused your injury, and the time of day your injury occurred. Next, you may be required to submit to a medical examination by your employer. After that evaluation, however, you are entitled to treat with your own choice of physician.

Some “Independent” Medical Examinations for Workers’ Comp May Be Biased

A doctor’s testimony on the claimant’s injuries can greatly influence the amount of benefits awarded. To receive workers’ compensation, claimants must receive an independent medical examination or insurance medical exam (IME) by a doctor of the company’s choosing. Insurance companies often use this as a means to limit payouts and liability. Sometimes, assigned doctors can work with insurance companies and deny the existence of an injury or wrongfully clear an employee to return to work. Injured workers seeking a second professional medical opinion may switch doctors only once.

To ensure that you are receiving a proper examination, it is important to have an experienced workers’ compensation attorney guide you through the process.

Workers’ Compensation Appeals

Employers may deny a workers’ compensation claim for a number of reasons, including:

  • Denying that the accident occurred on the job
  • Accusing the employee of fabricating or lying about the injury
  • Blaming the injury on the employee’s preexisting condition

If the workers’ comp insurance company denies your claim, you do not have to give up your right to workers’ compensation benefits. You have the option to appeal in court. There are several avenues you can take to move your claim forward in the case of a denial.

Voluntary Mediation

If you have a denied workers’ compensation claim, you can avoid a hearing and try to come to an agreed-upon solution internally. In this case, an attorney acts as a mediator between both parties as you try to come to an agreement. If no solution is found, a hearing becomes the next option.

Requesting a Trial

The first step to moving your claim into an official court hearing is filing the correct paperwork with the state of Louisiana. For disputing standard workers’ compensation claims, file form 1008. If the dispute is over medical benefits, file form 1009.

Once the insurer has received notice of your continued claim, a hearing occurs in which both parties have an opportunity to present evidence, state their case and attempt to discount the other party’s argument. This hearing is overseen by a workers’ compensation judge who mails out a decision to both parties within 30 days of the hearing’s conclusion.

In Louisiana, further appeals are heard by the Circuit Appellate Court, and appeals must be filed federally.

Types of Workplace Accidents We Handle, From Baton Rouge to New Orleans to Shreveport

Some of the most common types of work injuries our attorneys handle include:

  • Head injuries, including concussions or traumatic brain injuries (TBIs) caused by falling objects
  • Muscular injuries, torn ligaments, rotator cuff sprains, and herniated disks from lifting, pushing, or other physical activities
  • Repetitive stress injuries caused by repeated movements that can damage the nerves, tendons, and muscles, including tendonitis and bursitis.
  • Bone injuries and amputated or crushed limbs
  • Hearing loss or damage
  • Construction accidents
  • Sickness from exposure to toxins, such as mesothelioma or Black Lung
  • Various injuries to the spinal cord, back, shoulder, eyes, knees, neck, hip, respiratory organs, ankles, wrists, feet, and hands

Such job-related injuries may be the result of unavoidable accidents, insufficient training, faulty machinery, or hazardous working environments. However, under workers’ compensation, employees are not required to prove the reason that their injury occurred, as workers’ compensation is a no-fault system that compensates injured workers without regard to negligence or fault.

Workers’ Compensation FAQs

What is a “work-related” injury?
These are injuries caused by workplace accidents or directly relating to the nature of a person’s occupation. Any injury sustained in the course of doing your job can potentially be a work-related injury and must be treated as one.

What benefits am I entitled to?
You are entitled to necessary medical testing and treatment, as well as rehabilitation services and prescription drugs. You may also be eligible for “wage and hour claims,” payments for time missed because of the accident and other considerations.

Who pays for workers’ compensation insurance?
It is entirely paid by your employer. There are no payroll deductions made.

How much of my wages are covered?
Your employer is responsible for recovering most of the wages lost during unplanned time off as the result of a work-related injury.

Can I sue my employer?
You cannot use the workers’ compensation procedure to sue your employer, but if you think that a third party had any responsibility for your accident, you can file a lawsuit against them.

What if my employer refuses to report my injury?
You may report a claim directly to the insurer in this case.

Serving Louisiana Work Injury Victims

At Dudley DeBosier, we’ve been helping injured workers in Louisiana for many years, and we want to help you, too. You shouldn’t have to worry about dealing with the insurance company after a work injury. Let us handle that while you focus on getting better. Call us today at (866) 897-8495 for a free consultation and let us put our experience to work for you.