Workers Compensation Lawyer
⎯⎯in New Orleans⎯⎯

Your Trusted Workers’ Compensation Attorney

If you have been injured on the job, you are entitled to compensation under the Louisiana Workers’ 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.

Under Louisiana law, employers are required to have insurance to pay out any workers’ 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.

Injuries at the workplace can impact the rest of your life. With over 50 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 Workers’ Compensation lawyer to help you after a devastating accident. Reach out today for your free case evaluation.

Have you suffered a workplace injury?
Get help from a New Orleans Workers’ Comp Lawyer.

Workers Compensation

Claims Process

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.

01

STEP

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. The employee may need to get their employer’s permission to change providers, and nonemergency care may require insurance approval.

02

STEP

Making a Claim

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 workers’ compensation benefits. If denied, you will receive notice of this denial from your employer’s insurance company.

03

STEP

Avoiding Legal Action

If your claim was denied, you may be able to successfully file an appeal with the insurer. If you would like to appeal your denial, you are highly encouraged to have a Louisiana Workers’ Compensation lawyer help you through the process. If your appeal is denied, your lawyer might recommend that you send a demand letter warning the insurance provider of your intent to sue.

04

STEP

Filing a Lawsuit

If your appeal is unsuccessful and your demand letter is ignored, the next step is generally to file a work-related injury lawsuit. With help from a capable New Orleans workers’ compensation lawyer, you can file a lawsuit seeking compensation for your medical bills, wage replacement, and pain and suffering. Filing a workers’ comp lawsuit is complex, but a lawyer can help.

05

STEP

Negotiation

After your lawsuit is filed, the next step in the legal process is negotiations. Your attorney will negotiate with your employer’s insurance provider on your behalf in an attempt to get fair compensation. From the cost of medical care to the money you would have made at work had you not been injured, a work injury lawyer can help you seek a settlement to cover your losses.

06

STEP

Trial

In most cases, the workers' compensation process will be settled before reaching court. However, it is sometimes necessary to undergo a trial in order to get fair wage and medical coverage. Because trials are sometimes required, it’s important that you look for legal representation from a lawyer with courtroom experience. The right legal experience can make all the difference.

07

STEP
GET HELP NOW

Workers Compensation

basics

Fault
Common Accidents
Retaliation

In many workers’ compensation 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.

  • 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

Under Louisiana law, employers are not allowed to punish employees for reporting workplace injuries. If your employer retaliates against you, whether by demoting you, firing you, or restricting your professional opportunities, you can file a lawsuit against them. If your lawsuit is successful, you may be owed a reversal of whatever action your employer took against you, including reinstatement.

$5.7 MILLION

Truck Accident

$3.6 MILLION

Car Accident

$2.5 MILLION

Elevator Crash

$2.1 MILLION

BP Claim

$1.9 MILLION

Cruise Ship Injury

$1.5 MILLION

Car Accident

FREQUENTLY ASKED

 QUESTIONS

The amount and type of benefits paid to a worker after a workplace accident will depend on the specifics of their injury and losses. For a standard benefits claim, you likely won’t be paid in a lump sum but will instead receive weekly or bi-weekly payments.

  • 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 a serious injury or is permanently disabled 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 workers’ comp 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.

In general, workers should be able to complete the required forms and take the necessary steps to get workers' compensation on their own. However, there are times when getting help from an attorney will be essential. If you have a pre-existing condition or if your workers’ comp claim is denied or underpaid, you should contact a lawyer for help

PERSONAL INJURY

 GUIDES
How Much Weight Does a Police Report Actually Carry In the Courtroom

“GET THE POLICE REPORT!” It is a statement that we hear quite often from clients whenever there is an auto accident and there is a dispute as to who is at fault. And while a police report is important to your claim, some may be surprised to learn that a report is not the end […]
How Much Does It Cost for me to Have an Initial Consultation With the Cardone Law Firm?

At the Cardone Law Firm, it does not cost anything for an initial consultation for a personal injury case. This may include any case involving an automobile accident, trucking accident, premises liability, etc. For example, if a building falls on you, then we do not charge an initial consultation fee. Rather, we will discuss your […]
Are witness necessary?

A question that many prospective clients want the answer to is: “Do I have a valid claim where there were no witnesses to the accident?” In fact, many people are afraid to pursue a claim because they fear that they cannot prove an accident or injury because there are no witnesses. The answer is that […]

CONTACT

OUR TEAM

FREE CONSULTATIONS

OVER 50 YEARS OF EXPERIENCE

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New Orleans, LA 70113
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Fax: 504-581-7651
Toll Free: 866-692-3261
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