Workers’ Compensation Lawyer in Lafayette

If you or a loved one suffered a workplace injury, you may be able to obtain disability benefits and have reasonable and necessary medical care covered. However, the process can be time-consuming and complicated, so hire a workers’ compensation lawyer in Lafayette to obtain the benefits you need.

At Galloway Jefcoat Injury Attorneys, our Lafayette personal injury lawyers have a proven track record of recovering benefits for injured workers. This includes $176,000 for a worker who suffered a back injury and $168,000 for another Lafayette workers’ comp case.

Since 1996, our firm has obtained hundreds of millions in compensation on behalf of our clients. An initial consultation comes at no cost or obligation, and there are no upfront fees to retain our services. We do not get paid unless you get paid, so there is no risk to you.

Who Is Eligible for Workers’ Compensation in Louisiana?

Most employees are covered by Louisiana’s workers’ compensation system. This includes full-time, part-time, and seasonal employees who are injured on the job.

There are some exceptions that exist: Domestic employees, most real estate salespersons, officers and directors of certain non-profit organizations that are not compensated for their work, and public officials are not eligible for workers’ comp benefits.

Employees may be covered if they suffer an injury that arises out of and occurs within the scope of employment. Workers’ compensation is a no-fault system, so it does not matter who caused the injury. Even if you made a mistake at work that resulted in your injury, you may still be able to receive benefits.

Ineligibility Factors

According to the Office of Workers’ Compensation Administration, you will not be eligible for benefits if you willfully intended to injure yourself or others, or if you were intoxicated at the time of your injury.

You will also not be able to receive benefits if you were the aggressor in an unprovoked physical altercation or a participant in horseplay.

What About Occupational Diseases?

An occupational disease is a disease or disability that is a result of conditions specific to your job. For instance, if you are diagnosed with carpal tunnel, you must be able to connect this partial or permanent disability to the conditions of your employment and prove that it was not caused outside of the workplace.

Are Preexisting Injuries Covered?

If you have a preexisting injury or illness that has been aggravated or accelerated by your employment, you may be able to receive benefits.

You will need to establish that your work environment aggravated the condition, and it was not caused by something else. Your work environment must have played an active role in your condition’s deterioration.

A reputable Lafayette workers’ compensation lawyer is ready to meet with you to discuss your eligibility for benefits. A consultation is completely free. We do not charge any upfront fees in these legal matters.

Independent Contractors and Workers’ Compensation

Independent contractors and subcontractors are generally not considered employees and therefore are ineligible for workers’ comp. However, certain independent contractors may be eligible if they are involved in the pursuit of an employer’s trade, business, or occupation, or perform substantial manual labor.

Employer misclassification of their employees as independent contractors happens more often than you may realize. Employers do this to avoid the cost of workers’ compensation insurance and other benefits for employees.

If you believe that this has happened to you, it is in your best interest to reach out to a personal injury attorney in Lafayette as soon as possible. We are ready to determine if you were misclassified as an independent contractor or if it was done intentionally to reduce labor costs.

What if I Am Injured Offsite?

Injuries that occur while traveling to and from work are typically not covered by Louisiana’s workers’ compensation system.

However, if you were participating in a work-related activity off-site, such as a business trip, you may be covered if you did not deviate from the business purpose of your trip.

If the primary purpose of an event or situation is social or recreational, an injury will not be covered. In any case, this is a complicated issue that requires the assistance of an experienced workers’ compensation lawyer in Lafayette.

Benefits Available for Injured Workers

For more than 25 years, our legal team has helped many injured workers obtain the wage benefits they need. Under Louisiana’s Workers’ Compensation Act, these benefits could include:

Medical Benefits

Your employer’s workers’ compensation insurance must pay for all approved, reasonable, and necessary medical care to treat a work-related injury or illness. You are eligible for medical benefits for as long as you need them for your injury, including:

• Hospital or emergency room visits
• Doctors’ appointments
• Surgical procedures
• Prescription medications
• Physical therapy sessions
• MRIs, X-rays, and lab tests

Workers’ compensation may also help cover travel costs to obtain treatment. It is important to note, however, that non-emergency medical services that total over $750 must first be pre-approved by your employer or their workers’ compensation insurer. This includes non-emergency hospitalization.

Can I Select My Treating Doctor?

You have the right to select one treating doctor in any field or specialty. Once this selection has been made, however, you cannot change doctors. You will need to obtain approval for a change from your employer or his or her workers’ compensation insurer.

Indemnity Benefits

Indemnity benefits are the benefits injured workers may recover to make up for their lost wages due to a work-related injury. These benefits may be referred to as disability benefits.

If your injury prevents you from returning to work for more than seven calendar days, you may be eligible for these lost wages and disability benefits:

• Temporary total disability (TTD): These benefits are available if your injury does not allow you to work temporarily. If your workers’ compensation claim is approved, TTD benefits are equal to two-thirds of your average weekly wage for the 52 weeks before your injury.
• Supplemental earnings benefits (SEBs): These benefits are available if you can go back to work, but your injury prevents you from earning at least 90% of your pre-injury wages. SEBs are calculated at two-thirds of the difference between what you earned before and what you are now capable of earning.
• Catastrophic injuries: If your injury is considered catastrophic, you may be eligible for a one-time payment of around $50,000, although the exact amount may vary. Covered catastrophic injuries include paraplegia or quadriplegia, total anatomical loss of both hands, arms, feet, legs, or eyes, and total anatomical loss of a hand, or a foot.
• Death benefits: When a worker passes away within two years from his or her last treatment for an injury or illness, the surviving spouse and/or dependent children could receive weekly indemnity benefits.

What if I Cannot Go Back to My Old Job?

You may qualify for vocational rehabilitation. These services help injured workers identify and locate job opportunities that match their work skills, education level, and training. The goal is to get you back to work as soon as possible after your injury with a minimum amount of retraining.

Our Lafayette personal injury lawyers are prepared to discuss other benefits that may be available to you, especially if your injury is severe or you suffered a permanent or disfiguring injury.

We are well-versed in state and federal workers’ compensation laws and understand how to build a strong case for compensation.

Challenges in Workers’ Comp Claims

Filing for workers’ compensation can feel overwhelming, especially when you’re trying to recover from an injury. Even valid claims can be delayed, disputed, or denied. Knowing the common roadblocks in the process can help you avoid pitfalls and protect your rights from day one.

• Delayed reporting: Waiting too long to notify your employer can severely hurt your case. In Louisiana, prompt reporting is essential, and delays can make it easier for insurers to challenge your workers’ compensation claim.
• Insufficient medical evidence: Your claim depends heavily on clear medical documentation. Without solid proof that your injury is work-related, workers’ compensation insurance companies may argue that benefits aren’t owed.
• Disputed claims by employers or insurers: Employers or insurers may try to claim your injury happened outside of work, wasn’t serious, or was your own fault. These disputes can delay compensation or prevent it entirely.
• Pre–existing conditions: If you’ve had previous injuries or health issues, insurers might argue that your current condition isn’t related to your job. This can be a major hurdle unless you have a strong legal and medical case.
• Missed deadlines: Louisiana personal injury law sets strict deadlines for both reporting injuries and filing claims. Missing these deadlines can lead to an automatic denial of your benefits, regardless of the circumstances.

Appeals Process for Denied Claims

A denied workers’ comp claim can be frustrating, but it’s not the end of the road. Louisiana has a legal process that allows you to challenge the decision and fight for the benefits you may be entitled to. Here’s a general breakdown of how that process works:

1. Request mediation: This is often the first step. Mediation is an informal meeting facilitated by the Office of Workers’ Compensation Administration (OWCA) to try to resolve the dispute without going to court.
2. File a disputed claim: If mediation doesn’t work, you can file Form 1008—Disputed Claim for Compensation. This begins the formal appeal process and brings your case before a workers’ compensation judge.
3. Attend a hearing: A formal hearing will be scheduled, where both sides present their evidence and testimony. A judge will then issue a decision based on the facts of the case.
4. Further appeals: If the judge rules against you, you may appeal to the Louisiana appellate courts. These higher-level appeals are more complex and usually require experienced legal representation.

Common Work-Related Injuries That May Qualify for Workers’ Compensation

Work-related injuries can happen in any job, whether you’re in construction, healthcare, retail, or an office. Louisiana workers’ compensation laws cover a wide range of injuries and conditions. Here are some of the most common types of personal injuries that may qualify:

• Back and neck injuries: Often caused by heavy lifting, repetitive motion, or slips and falls, these are among the most common workplace injuries.
• Traumatic brain injuries (TBIs): A blow to the head from a fall, machinery accident, or falling object can result in serious brain injuries that require extensive treatment.
• Repetitive strain injuries (RSIs): Conditions like muscle strain or tendinitis can develop over time from repeated tasks or improper ergonomics.
• Fractures and broken bones: These injuries can happen in almost any industry and usually require immediate medical attention and extended recovery time.
• Burns or electrocution injuries: Common in construction, utility, or industrial jobs, these injuries can be severe and may lead to long-term complications.
• Occupational illnesses: Exposure to hazardous substances like asbestos, mold, or industrial chemicals can lead to respiratory issues or other chronic conditions over time.

Reporting a Work-Related Injury

You must report an injury to your employer within 30 days of it occurring. However, it is best to inform your employer as soon as you can to get the claims process started.

If you wait too long, your employer or his or her insurer may question whether your injury was work-related, and your claim may be denied.

Once you have reported the injury, your employer has 10 days to report this information to his or her insurer using Form LWC-WC IA-1 (First Report of Injury or Illness). The insurer will then submit the report to the OWCA, which will review the case to determine eligibility before investigating your claim.

Workers’ comp claims for medical benefits and indemnity benefits must generally be filed within one year from the date of the accident causing the injury. Claims for occupational diseases must also be filed within one year from the date you knew or had a reasonable belief that the disease was work-related.

Can I File a Dispute if My Claim Was Denied?

The short answer is yes. You have the right to file Form LWC-WC-1008 (Disputed Claim for Compensation) to initiate your appeal. Unless your employer and/or his or her insurer is willing to reach a settlement agreement, you will have to prepare for a hearing before a workers’ compensation judge.

This process can be complicated and take six to nine months or longer if the case is appealed. That is why you need an experienced workers’ compensation attorney in Lafayette on your side.

If you have valid injury cases, we are ready to help appeal this decision on your behalf if it resulted in the insurer:

• Completely denying your claim
• Paying you less than you need
• Failing to pay you on time
• Refusing to cover some or all of your medical treatment
• Rejecting payment of your eligible expenses

Our personal injury law firm has many years of experience handling workers’ compensation claims and knows what it takes to overturn a denial. We are prepared to guide you every step of the way; call us to get your free case review today.

Get a 100% Free Consultation With Our Lafayette Workers’ Compensation Lawyers Today

If you’ve been injured on the job and are facing delays, denials, or confusion about your workers’ compensation rights, don’t go through it alone. At Galloway Jefcoat, we’ve helped injured workers get the compensation they deserve—with hundreds of millions of dollars won for our clients.

We are here to help you pursue benefits for your injury or illness. We offer a risk-free, zero-obligation consultation to review the details of your claim. There are no fees to take on a case, and no fees unless we recover compensation for you.

Don’t wait to partner with our workers’ compensation lawyers in Lafayette today. For more information, visit our FAQ page.