Experienced Lawyers In Louisiana
Work Injury Lawyer in New Orleans
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Best New Orleans Workers’ Compensation Loss Attorney Near Me
Free Consultation for Workplace Accident Injury Cases Near Kenner
When you get hurt at work, the bills keep coming even if your paychecks stop. A New Orleans work injury lawyer can help you understand your rights and push for the benefits Louisiana law provides.
At Gordon McKernan Injury Attorneys, we help injured workers in New Orleans, Metairie, and Kenner deal with employers, insurance adjusters, and paperwork. Our team has secured 230+ Million dollar verdicts and settlements, and we bring that same drive to every workers’ comp claim.
Talking with a workplace injury attorney in New Orleans early can help you protect your claim from the start. You focus on healing. We’ll handle the legal side.
Types of Workers’ Compensation Accident Cases We Handle
Job injuries happen on construction sites, in restaurant kitchens, at industrial plants, and along the river. Our job injury lawyers in New Orleans handle many types of claims, including:
New Orleans Workplace Injury Statistics
Serious work injuries are a real risk for Louisiana workers. The latest federal data shows that transportation incidents were the most common cause of fatal work injuries in the state.
96
fatal work injuries in Louisiana in 2024
5.1
deaths per 100,000 full-time equivalent workers in Louisiana in 2024
33%
of Louisiana's 2024 fatal work injuries involved transportation incidents
Types of Workplace Accident Injuries in New Orleans
Some work injuries happen in a single moment, like a fall from a ladder. Others build slowly after months of lifting or repeated motion. Our on-the-job injury attorneys in New Orleans help workers with injuries such as:
- Thermal Burns
- Fourth-Degree Burn
- Muscle Strain
- Contusion Injury
- Sprain
- Skull Fracture
- Shoulder Injury
- Collapsed Lung
- Organ Damage
- Lacerations and Abrasions
- Concussion
- Knee Injury
- Internal Bleeding
- Hip Fracture
- Herniated Disc
- Catastrophic Injury
- Chronic Pain
- Internal Injuries
- Hearing Loss
- Eye Injury
- Amputation Injury
- CTE Brain Injury
- Brain Injury
- Neck injury
- Soft Tissue Injury
- Spinal Cord Accident
- Paralysis Injury
- Whiplash
- Pain & Suffering
- Scarring & Disfigurement
- Back Injury
- Broken Bones
- Burn Injury
- And More ...
How Workers’ Compensation Works in Louisiana
In Louisiana, employers must arrange workers’ comp coverage for their employees. The law covers a worker hurt “by accident arising out of and in the course of” the job. Put simply, your injury needs to be tied to your work.
A few other rules can shape your claim:
- Job-related illnesses can qualify. An occupational disease caused by your work may be covered the same way as an accident.
- Mental injuries face a higher bar. Louisiana requires clear and convincing proof and a diagnosis from a licensed psychiatrist or psychologist. Claims based on work stress alone must involve sudden, unexpected, and extraordinary stress.
- Business owners can opt out. Certain corporate officers and sole proprietors can choose in writing not to be covered.
If you think your job made you sick, an occupational injury lawyer can help you gather the proof you need.
In exchange for these benefits, workers’ comp is usually your only remedy against your employer. Louisiana law makes an exception for intentional acts. For a statewide look at these rules, visit our Louisiana workers’ compensation lawyers page.
Key Deadlines for New Orleans Work Injury Claims
Missing a deadline can end a claim before it starts. Louisiana law sets these time limits:
- Tell your employer within 30 days of the injury (La. R.S. 23:1301).
- File a formal claim within one year of the accident if you and your employer have not agreed on payments (La. R.S. 23:1209(A)(1)).
- If you received payments, the one-year limit runs from the last payment. For supplemental earnings benefits, the limit is three years from the last disability payment (La. R.S. 23:1209(A)(2)).
- If your injury develops later, you have one year from when it develops, but no more than three years from the accident (La. R.S. 23:1209(A)(3)).
- Once medical benefits have been paid, a medical claim must be filed within three years of the last medical payment (La. R.S. 23:1209(C)).
- Occupational disease claims have their own one-year rule tied to when the disease appears, when it disables you, and when you know it’s work-related (La. R.S. 23:1031.1(E)).
These rules have exceptions, so don’t guess. A work injury claim attorney can check which deadline applies to you.
Your Right to Choose a Doctor
Louisiana gives you the right to pick one treating physician in any field or specialty. Choosing a doctor you trust can make it easier to get clear answers about your care.
Your employer or its insurer may also ask you to see a doctor for an additional medical opinion. If you refuse that exam or get in its way, your benefits may be suspended until the exam takes place.
Your care must follow Louisiana’s medical treatment schedule. If care your doctor asks for is denied, you can appeal to the medical director at the state Office of Workers’ Compensation Administration. The appeal must be filed within 15 calendar days.
Denied or Delayed Workers’ Comp Claims
A denial does not have to be the final word. If an insurer disputes your claim or stops paying, you can challenge that decision.
A dispute starts when the proper form is filed with the Office of Workers’ Compensation Administration. The case is then assigned to a district office, and a workers’ compensation judge may order the parties to mediation.
Louisiana law also addresses late payments. If benefits aren’t paid as the law requires, the employer or insurer may owe penalties and attorney fees. It depends on who is at fault.
A workplace accident attorney can gather your records, meet filing requirements, and present your side clearly.
When Someone Else Caused Your Work Injury
Workers’ comp is usually your only remedy against your employer. But sometimes an outside party is to blame. If a third party caused your injury, Louisiana law lets you collect comp benefits. You can still bring a separate claim against that party.
For example, a delivery driver hit by another motorist while on the clock may have a claim against that motorist. Our New Orleans personal injury lawyers can review whether a third-party claim fits your situation.
Contact a Workers’ Compensation Attorney Near Metairie Today
Injured in an Accident? Find Legal Help Near You
If you were hurt on the job in New Orleans, Metairie, or Kenner, you don’t have to handle your claim alone. Gordon McKernan Injury Attorneys has recovered $3 Billion for injured clients.
Call 888.501.7888 or fill out our form for a free consultation. With the G Guarantee, there’s No Fee Unless We Win.
Let us deal with the insurance company while you focus on getting better. Get Gordon! Get It Done!
Prior results do not guarantee a similar outcome. Results may vary depending on the facts and circumstances of each case. Viewing this website or contacting the firm does not create an attorney-client relationship.
Workers’ Compensation Benefits You May Be Entitled To
Louisiana’s workers’ comp law spells out the benefits an injured worker can receive. Which ones apply depends on your injury and how it affects your ability to work.
Medical Benefits
- Medical care. Your employer must furnish necessary drugs, supplies, hospital care, and medical and surgical treatment (La. R.S. 23:1203(A)).
- Medical mileage. You can be reimbursed for mileage you reasonably and necessarily travel to get that care (La. R.S. 23:1203(D)).
Wage and Disability Benefits
- Temporary total disability. 66 2/3% of wages while you cannot work at all (La. R.S. 23:1221(1)).
- Supplemental earnings benefits. 66 2/3% of the gap between your pre-injury wages and what you earn or can earn now, for up to 520 weeks (La. R.S. 23:1221(3)).
- Permanent total disability. 66 2/3% of wages during a permanent total disability (La. R.S. 23:1221(2)).
- Loss of use or amputation. Set benefits for the loss of use or amputation of certain body parts (La. R.S. 23:1221(4)).
Returning to Work and Support for Families
- Vocational rehabilitation. Help getting back to work when your injury keeps you from earning your prior wages (La. R.S. 23:1226).
- Death benefits. Weekly payments to legal dependents who relied on the worker’s earnings (La. R.S. 23:1231).
Weekly payments are capped at a state maximum that is recalculated each year. Also, the first week of benefits is only paid if your disability lasts two weeks or longer.
Port and River Workers in New Orleans
Some maritime workers are covered by a federal program called the Longshore and Harbor Workers’ Compensation Act. According to the U.S. Department of Labor, it covers traditional maritime jobs like longshore work, ship repair, shipbuilding, and harbor construction.
Injuries generally must happen on navigable waters or nearby areas such as piers, docks, and terminals. Seamen who serve as crew on a vessel are excluded from this program. These cases follow different rules, so it helps to have a port worker accident lawyer in New Orleans review your job duties and where you were hurt.
Protection From Employer Retaliation
Louisiana law says an employer cannot fire you because you asserted a workers’ comp claim. Employers also cannot refuse to hire someone for that reason. A worker fired in violation of this law can recover up to one year’s earnings, plus reasonable attorney fees and court costs.
There is an important limit. An employer may still let go of a worker whose injury keeps them from doing the job.
Honesty matters too. Willfully making a false statement to get benefits can cost you your benefits. Be accurate with your doctors, your employer, and the insurer.
How Our New Orleans Work Injury Lawyers Help
If you’re searching for an injured at work lawyer, we’re ready to listen. After a free consultation, our team may:
- Review how and where your injury happened
- Collect medical records and wage information
- Track every filing deadline
- Handle calls and letters from the insurance company
- File a disputed claim when benefits are denied or cut off
- Look for third-party claims that could add to your recovery
- Prepare your case for mediation or a hearing
We have over 180 employees, including 130+ staff and 47 attorneys, with 679+ years of combined legal experience. You can meet with us at our New Orleans office, located at 3900 Veterans Memorial Blvd., Suite 300, in Metairie. We serve the greater New Orleans area.
Don’t Wait — Talk to a New Orleans Work Injury Lawyer Today
At Gordon Mckernan Injury Attorneys, we understand that emotional and physical recovery come hand and hand after an injury or accident. We also know that you may not have the energy or time to fight with an insurance company and the complexities of your personal injury claim.
How It Works
Filing a claim with Gordon Mckernan Injury Attorneys is easy!
Simply follow the steps below.
Get Your Free Consultation
Fill out our quick and easy form to find out if your case qualifies. Our consultations are free and confidential, and we are here to help whether you hire us or not!
Hear From An Attorney
Our team will evaluate your case and decide on the best course of action. One of our lawyers will get back to you promptly and begin the process of winning your case!
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Get It Done!
Once your case has been evaluated and deemed a good fit for our firm, our team will go to work immediately on gathering evidence, building your case, and getting you the compensation that you deserve.
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Work Injury Lawyer in New Orleans Blog Posts
Injured? Get a FREE Consult Now!
Let Our Team Fight For You!
If you or a loved one has been injured, don't wait— contact Gordon McKernan Injury Attorneys today for a free consultation. Our team is ready to fight for you and secure the compensation you deserve.
With over 30 years of experience, a proven track record of success, and a commitment to client care, we are the best personal injury attorneys in Louisiana to handle your case.
Call us now or fill out our online form. No Fee Unless We Win!
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Office Locations
Denham Springs Office
163 Del Orleans Ave., Denham Springs, LA 70726
Gonzales Office
220 S. Burnside Ave. Gonzales, LA 70737
New Orleans Office
3900 Veterans Memorial Blvd. STE 300 Metairie, LA 70002
Zachary Office
4361 Main St. Zachary, LA 70791
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