If you suffer an injury on the job in Louisiana, you may be entitled to workers’ compensation benefits. If you applied for benefits and were denied, you can still challenge the insurance company’s decision.
Some people may refer to workers’ compensation as workman’s comp. Both terms refer to workers’ compensation insurance which pays for the lost wages and medical expenses of employees who become ill or injured on the job and are unable to return to work.
Read on to discover the evolution of workers’ compensation and what benefits you’re entitled to as a Louisiana worker. If you need help filing your workers’ compensation claim, a Louisiana workers’ compensation attorney with Dudley DeBosier can guide you through filing a claim and help ensure you receive the proper benefits for your injuries.
In the early 20th century, there was a growing call for better workplace safety in the United States. Several years before state legislatures began to pass their own workers’ compensation laws, the federal government passed the Employers’ Liability Acts of 1906 and 1908.
These acts allowed railroad workers to recover damages due to injuries caused by negligent railroad owners. It also provided benefits for workers injured when owners failed to provide safety equipment and regulate a safe work environment.
In 1910, representatives from several states met at a conference in Chicago to establish a standardized set of guidelines for workers’ compensation laws.
From there, the first workers’ compensation law was passed in Wisconsin in 1911, followed by nine other states that same year. Another 36 states had workers’ compensation laws on the books before the decade ended. In 1948, Mississippi became the last state to pass worker’s compensation legislation.
In the beginning, many workers’ compensation laws were called workman’s compensation simply because most workers, especially those working in dangerous work environments, were men.
By the 1970s, Congress created the National Commission on State Workmen’s Compensation Laws to offer recommendations for reform in the states’ workman’s compensation systems. One of these changes was compensating injured employees based on lost wages, rather than a fixed rate regardless of income or severity of injury.
During this time, women were also becoming a large part of the workforce, so many states began referring to workman’s compensation laws as workers’ compensation laws for broader representation.
Today, although these terms may be used interchangeably, the term workman’s compensation may also be used to refer to the older versions of these laws that are no longer in use.
Regardless of whether you call it workman’s compensation or workers’ compensation, knowing what Louisiana’s workers’ compensation insurance covers is vital after suffering a workplace injury.
Workers’ comp provides benefits to employees for injuries from work-related accidents as well as occupational diseases. Employers must provide medical care and indemnity wages to injured employees unless they are exempt from doing so, such as companies with employees covered instead by the Federal Employer’s Liability Act or the Longshoremen’s and Harbor Workers’ Compensation Act.
You have one year in which to file a claim. However, there are some exceptions that may provide you additional time to file. Consulting an attorney can help you determine if you can file a claim.
When reporting an injury, you should be ready to provide a detailed account of how the incident occurred and any witnesses’ information. Your employer may require you to undergo an independent medical examination if there are opposing opinions about the severity of the injury or ability to work.
Many workers’ compensation applications get denied due to insufficient information to prove your injuries and connect them to the accident. Working with Dudley DeBosier can increase the likelihood of getting your workers’ comp claim approved.
We can help you with the following services:
- Gathering compelling evidence, such as medical records and witness statements of your workplace accident
- Calculating your medical and indemnity benefits
- Collect paperwork to meet all deadlines to file your claim
We will advocate for your interests and handle all communication with your employer. Should your claim be rejected, we can pursue mediation or a workers’ comp trial.
Dudley DeBosier can help you receive the benefits you need to recover from your workplace accident. We understand Louisiana’s workers’ compensation system and can help you file a detailed claim or an appeal within the required timeframe.
Schedule a free consultation with Dudley DeBosier to learn how we can help you file a workers’ compensation claim.
This content has been reviewed by Attorney Scott Sonnier.
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