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 Louisiana 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.
Filing a Workers’ Compensation Claim After A Work Injury
Workers’ compensation is a form of insurance that provides lost wage 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. It is also important to document as much information regarding your accident as possible in writing.
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. Your employer may refer you to a doctor, however, you have the right to select your own treating physician based on the type of injury you have sustained.
Workers’ Compensation Disputes
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 of filing a disputed claim for compensation via a form 1008 .
Once the insurer has received notice of your continued claim, your case will be set for a hearing during 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.
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 entitled to wage benefits for time missed because of the accident and other considerations.
Am I entitled to pain and suffering?
Your employer does not owe benefits for pain and suffering related to an on the job injury.
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 paying up 66 and ⅔ of your average weekly wage subject to the yearly maximum and minimum compensation rates.
Can I sue my employer?
You cannot sue your employer for negligence due to an injury sustained on the job. 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 our Louisiana work injury lawyers today at (866) 897-8495 for a free consultation and let us put our experience to work for you.