Worker's Compensation

If you have been injured on the job, you are entitled to compensation under the Louisiana Worker’s Compensation Act. This act provides benefits to workers who have been hurt or have developed an illness during the regular course and scope of business.

In many lawsuits, fault is the determining factor in receiving compensation, but workers comp benefits are recoverable regardless of whether the accident was the fault of the employee, employer, or a third party. However, evidence of intoxication or intentional injury may bar an injured employee from receiving benefits.

Under the Louisiana Worker’s Compensation Act, employers are required to have insurance to pay out any worker’s compensation claims for lost wages and immediate medical benefits. The goal of this is to avoid an expensive and drawn out legal battle for a personal injury claim brought by an employee against their employer.

Common Workplace Accidents/Injuries Covered by Worker’s Comp

• Construction Accidents
• Falling from Heights
• Toxic Chemical and Asbestos Exposure
• Heavy Machinery
• Slip and Fall Accidents
• Neck Injuries
• Torn Ligaments
• Bulging Discs
• Back Injuries
• Brain Injuries
• Concussions
• Abrasions and Burns

Filing Your Worker’s Compensation Claim

The Worker’s Compensation process can be long and complex, but our Louisiana Worker’s Compensation lawyer is here to help you every step of the way.

1. Report your Injury. Notify your employer of your accident as soon as possible. The sooner you notify them, the more likely your claim will be approved. Louisiana requires that you notify your employer within 30 days of your accident or discovery of your illness. This should be done in writing and must include: (1) time, date, and location of injury; (2) how the injury occurred; and (3) which body parts were injured.
2. Medical Treatment. If you have not already sought medical treatment, do so right away. To ensure that your benefits are approved, evidence of medical treatment following your injury is imperative. The injured employee has their choice of which physician they would like to be treated by. If switching physicians within the same field or specialty, the employee may need to get their employer’s permission to change providers. Non-emergency care exceeding $750 requires the insurer’s approval.
3. Claims Process. Once your employer is put on notice, they will file a First Report of Injury with their insurer who then submits the claim to the Louisiana Workforce Commission for review. Your claim will then be either approved or denied. After approval, you will begin to receive worker’s compensation benefits. If denied, you will receive notice of this denial from your employer’s insurance company. If you would like to appeal your denial. it is highly encouraged to have a Louisiana Worker’s Compensation lawyer help you through the appeal process.

Types of Benefits Provided by Worker’s Compensation

Wage Loss. An injured worker will receive indemnity benefits for lost wages if they are unable to resume work for more than a week. This is generally two-thirds of your average weekly wage. These benefits encompass temporary total disability, supplemental earning benefits, permanent partial disability, and permanent total disability benefits.

Medical Benefits. An injured worker’s medical expenses are to be paid in full by the employer and their insurer with no out of pocket costs to the employee.

Mileage Reimbursement. An injured employee should be reimbursed for any mileage used for necessary doctor or therapy appointments.

Vocational Rehabilitation. If a worker suffers severe or debilitating injuries and cannot return to their position at work, vocational rehabilitation may be available. The goal of this rehabilitation is to get the injured employee back to work as soon as possible and with the minimum amount of retraining.

Death Benefits. If you have lost a loved one due to a workplace accident, surviving dependents may be entitled to receive benefits for a percentage of lost wages and burial expenses up to $7,500. If there are no surviving dependents, the biological parents of the deceased employee may receive the death benefits.

If you are denied worker’s compensation benefits, you have the right to appeal that decision. You must appeal the denial of medical claims within one year of the date of injury or within 3 years of your last benefits payment. You must appeal the denial of your lost wages claim within 1 year of your injury date or the date you last received compensation for lost wages.

Injuries at the workplace can impact the rest of your life. With over 40 years of experience in representing personal injury clients all over Louisiana, Mr. Cardone will be sure to get you the compensation you deserve. If you or a loved one has been injured on the job, allow our Louisiana Worker’s Compensation lawyer help you after a devastating accident.

For a free consultation today, PHONE CARDONE at 504-522-3333, 225-706-3920 (Baton Rouge office), or email us at c@phonecardone.com.

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