Fighting 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.
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Worker’s Guide to Louisiana’s Workers’ Compensation Law
Navigating the Legal Process for Fair Compensation
Written by: Scott J. Sonnier & Anna Lewis
Recent Results
Filing a Workers’ Compensation Claim After a Work Injury
Workers’ compensation is a form of insurance that provides lost wages 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.
What Our Clients Are Saying
The staff at DD were very friendly and informative, I don't regret my decision to choose DD at all. They treated me like family. May God continue to Bless their business!!
Phyllis Taylor
Having Dudley DeBosier represent me was a great decision. They handled everything for me, and got a fair settlement. I would recommend this firm to anyone needing legal help.
William Strother
It was smooth sailing! My lawyer and his secretary kept me informed of everything throughout the whole process. I was never left out of the loop. Jeff and Candy were the Best!
Bruce Dupont
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 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.
Who Is Covered and What Counts as a Work-Related Injury?
Most employees in Louisiana are covered by workers’ compensation from their very first day on the job. Coverage generally applies to injuries and illnesses that occur as a direct result of the work they are performing.
It’s important to note that while most employees in Louisiana are covered, some may be excluded. The most common exclusions are independent contractors. This classification is often misapplied, leaving some employees unsure of their rights.
Even if your status is unclear, it’s essential to understand that when you file a workers’ compensation claim, you are not suing your employer. Many injured workers worry about this, which is understandable, but that’s not how it works.
Workers’ compensation is insurance that is specifically designed to support employees who are injured or become ill on the job. Using this system means you can focus on healing while making sure your medical care, lost income, and other benefits are covered.
Louisiana law prohibits employers from retaliating against workers who file a legitimate claim. It is also every employee’s legal right to receive these benefits if their injury qualifies.
Common examples include:
- Accidents on the job site, such as falls or machinery accidents in construction
- Injuries that occur while traveling for work, such as car accidents during business trips
- Illnesses caused by repeated exposure to chemicals on the job
Types of Workplace Accidents We Handle
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 discs 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.
Who Is Covered and What Counts as a Work-Related Injury?
Most employees in Louisiana are covered by workers’ compensation from their very first day on the job. Coverage generally applies to injuries and illnesses that occur as a direct result of the work they are performing.
It’s important to note that while most employees in Louisiana are covered, some may be excluded. The most common exclusions are independent contractors. This classification is often misapplied, leaving some employees unsure of their rights.
Even if your status is unclear, it’s essential to understand that when you file a workers’ compensation claim, you are not suing your employer. Many injured workers worry about this, which is understandable, but that’s not how it works.
Workers’ compensation is insurance that is specifically designed to support employees who are injured or become ill on the job. Using this system means you can focus on healing while making sure your medical care, lost income, and other benefits are covered.
Louisiana law prohibits employers from retaliating against workers who file a legitimate claim. It is also every employee’s legal right to receive these benefits if their injury qualifies.
Common examples include:
- Accidents on the job site, such as falls or machinery accidents in construction
- Injuries that occur while traveling for work, such as car accidents during business trips
- Illnesses caused by repeated exposure to chemicals on the job
What to Do After a Work Injury in Louisiana
After an accident at work, it’s critical to take the proper steps so that you can protect both your health and your right to benefits. Here’s what to do:
- Report the injury immediately. Notify your employer as soon as possible. In fact, according to Louisiana law, you must notify them within 30 days of the accident or when you initially realize your injury was related to work. Delays can create serious problems with your claim. It’s best to report your injury while the details are fresh in your mind.
- Seek medical treatment. Tell the provider that your injury is work-related so it can be adequately documented. Getting medical care also provides the necessary documentation you’ll need to establish your needs and support your claim.
- Document everything. Keep notes on what happened, who witnessed the incident, and take photos if you are able.
- Follow all medical instructions. Adhering to treatment plans can affect both your health and your claim. Follow all medical advice after your workplace accident.
- Know all filing deadlines if your claim is delayed or denied. If your benefits aren’t paid voluntarily, you must file a formal claim or disputed claim within one year of the accident date. This statute of limitations is strict, so filing on time is critical. For medical payments, there is an exception to the one-year rule. You have three years from the last payment to file a claim for additional medical benefits.
- Contact a lawyer if needed. If your benefits are delayed, denied, or confusing, an experienced Louisiana law firm can guide you through the process. Our team here at Dudley DeBosier knows the ins and outs of Louisiana workers’ compensation law and will aggressively pursue the benefits you deserve.
Louisiana 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 to 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.
