Do You Need an Attorney for Your Workers' Compensation Case?

Posted on Jul 7 , 2020

Do You Need an Attorney for Your Workers' Compensation Case? 

Workplace accidents that result in significant injuries and disability can have a devastating impact on the victim's life. Any work-related injury can have long-term financial and emotional effects on victims and their families. Even the most minor on-the-job injuries can result in substantial medical bills, time off work, lost income, and chronic pain.  

 

Louisiana's wide range of industrial jobs creates a high-risk environment. Although many companies take precautions to ensure worksites and workers are safe, workplace accidents can occur. It is essential that you know your rights and benefits if you are ever injured on the job. 

 

What is workers' compensation?  

"Workers' compensation is insurance that provides medical expenses, lost wages, and rehabilitation costs to employees who are injured or become ill at work. It also pays death benefits to the families of employees killed on the job." (PayCor.com). These benefits are the obligation of the employer and are paid directly to the employee by the employer or its workers' compensation insurer. 

 

Are you eligible for workers' compensation?  

Most employees in Louisiana are covered from the first day of work. The workers covered would include full-time, part-time, seasonal, temporary, or minors. Subcontractors and certain independent contractors may be eligible based on the scope of work they are providing for the employer.   

 

There are some exceptions to those eligible for compensation benefits. For more details, please visit LA Works.   

 

What is a workplace accident?  

Workers' Compensation law covers both mental and physical injuries that occur from an accident or occupation disease. According to LA Works, "A mental injury must be the result of a physical injury or sudden, unexpected and extraordinary stress related to the employment and in either case must be proved by clear and convincing evidence."   

 

The Workers' Compensation law further defines an accident as: "an unexpected or unforeseen actual, identifiable, precipitous event happening suddenly or violently, with or without human fault, and directly producing at the time objective findings of an injury which is more than simply a gradual deterioration or progressive degeneration. The Louisiana Workers' Compensation Act defines an occupational disease as only that disease or illness due to causes and conditions characteristic of and peculiar to the particular trade, occupation, process, or employment in which the employee is exposed to such disease."   

 

The event causing the injury must arise out of and be within the course and scope of the employee's employment  

 

Why is it beneficial to get an attorney for your workers' comp case?  

Workers' compensation laws permit workers who are hurt on the job to receive many benefits, depending on the injury. Your attorney will help you to obtain the maximum amount due to you. Available benefits for a workers' comp claim:  

  • Permanent total disability benefits  

  • Permanent partial disability benefits  

  • Temporary partial disability benefits  

  • Medical benefits  

  • Wage reimbursement benefits  

  • Vocational rehabilitation benefits   

  

After you've been injured on the job, you may have a limited amount of time to make a claim, which makes it extremely crucial to notify your employer immediately. Regardless of how small your injury may seem, be sure to file a formal report and see a medical professional as soon as possible. Employees within the state of Louisiana usually have one year from the accident date to file a workers' compensation claim. Find an attorney who will go above and beyond to get you the benefits you deserve. 

 

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