Workers' Compensation Attorney in Denham Springs
If you’ve been injured at work in Denham Springs and left unable to work as a result, you could be eligible for compensation under Louisiana’s Workers’ Compensation Act. However, actually receiving these benefits can seem like an uphill battle, due to unhelpful insurance, a reluctant workplace, and other factors.
If you’re struggling to receive the workers’ compensation you’re owed for your claim, you might be stressed and financially struggling on top of your physical pain. The Denham Springs workers’ compensation lawyers with Gordon McKernan Injury Attorneys are here to help you receive the funds you’re owed so you can heal and move on with your life.
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Common Types of Workers’ Comp Caims in Denham Springs
Many workers in Denham Springs, and all of Louisiana, rely on heavy industry to support them and their families, however, industrial jobs can be more prone to accidents and injuries. The following injuries are, unfortunately, fairly common in Denham Springs workers’ compensation claims:
- Head injuries including traumatic brain injuries
- Joint sprains and strains
- Injuries caused by collisions with large or heavy objects
- Over-exertion caused by lifting, pushing, carrying, or pulling too much
- Slips, trips, and falls
- Eye injuries
- Hearing loss
- Crushing or compression injuries
- Neck and spinal cord injuries that could lead to paralysis
- Broken bones
- Accidents while driving
- Repetitive motion injury
- Catastrophic injuries including amputations
- Assaults and other violent acts
- Heavy equipment malfunction
Requirements Under Louisiana’s Workers’ Comp Laws
In Louisiana, all companies with one or more employees paid at least $3,000 annually are required to carry workers’ compensation insurance, with few limited exceptions:
- Domestic employees
- Undocumented aliens
- Licensed real estate agents
- Directors of some non-profits
- An employer acting as a common carrier in interstate or foreign trade by railroad
- Airplane crews while dusting or spraying
- People performing service related to mining, such as exploration, development, production, or transportation of minerals
While employers can self-insure for workers’ compensation coverage, most carry workers’ comp insurance from a licensed insurance agent. If a company fails to carry some form of workers’ compensation insurance, they will have to pay a $250.00 fine for the first offense and $500.00 thereafter, with a maximum of $10,000. An employer who willfully fails to carry proper insurance can face up to a year of jail time.
How Are Workers’ Compensation Disputes Settled?
If you file a workers’ compensation claim and your employer believes that your claim is invalid, they may file a 1008 Disputed Claim for Compensation. Your employer’s questions and disputes about your claim could include
- Doubts as to the existence of the injury
- Questions about the cause of an injury
- Questions as to whether your injury is disabling or not
- Disputes about the nature, frequency, and type of medical treatment for your injury
If your employer disputes your claim, it’s highly recommended to secure counsel for the coming legal fight. Gordon McKernan Injury Attorneys have 679+ years of combined legal experience working with Denham Springs workers as they fight for their rights after being injured at work. We can help you as well.
Types of Workers’ Compensation in Louisiana
Under Louisiana law, you could be covered under one of four different types of workers’ compensation, depending on the severity and extent of your injuries:
- Temporary Partial Disability benefits can help make up your difference in pay when your injury is bad enough that you’re unable to perform all your job requirements, but you can still work in some capacity.
- Temporary Total Disability can apply when you’re unable to return to work while recovering from your injury.
- Permanent Partial Disability benefits include extended financial support that you may be eligible to collect depending on the extent of your injuries. If you’re unable to continue your current work, but can still work in some capacity, you could be eligible for Permanent Partial Disability.
- Total and Permanent Disability benefits can help cover the ongoing costs of a permanent, total disability such as paralysis, brain injury, or another injury. Total and Permanent Disability applies when you are completely unable to work for the rest of your life.
What Damages Could Be Covered by Workers’ Comp Coverage?
Louisiana businesses are required to carry workers’ compensation insurance for their workers that can cover most of the damages incurred by employees who are injured on the job. Workers’ compensation can help pay for the following:
- Injuries from accidents that happened on the job
- Lost wages due to an inability to work
- Disability benefits due to an ongoing inability to work
- Physical care, rehabilitation, and other forms of ongoing care
- Funeral costs, if an employee dies due to their work injuries
- Illness caused by the work environment
- Repetitive stress injuries
When to File Your Workers’ Compensation Claim
Louisiana law allows 30 days for workers to notify their employers of an injury at work, so if you’ve been injured, tell your supervisor immediately and begin your claim. You will have one to three years to file a workers’ comp claim and receive benefits, but that time will pass quickly.
Meanwhile, many employers are loathe to pay out what they owe for their employees’ injuries, since that can raise their premiums. In addition, the workers’ compensation insurance provider will attempt to settle your case as cheaply and quickly as possible to save their bottom line. Sometimes, it can seem that no one has your best interests in mind.
For this reason, you need an impassioned workers’ compensation attorney who can help guide your claim through the circuitous process it needs to go through before you can receive compensation. The personal injury lawyers at Gordon McKernan Injury Attorneys understand what you’re going through, and know you need more than the minimum to account for all the costs you’ve had to pay since your injury.
Give us a call at 225.888.8888 for a free consultation about your Denham Springs workers’ comp case. We’re dedicated to our clients and helping them heal.
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