The workers comp process in Louisiana can be complex when a person is trying to file the claim without a lawyer. In this video, Lake Charles workers comp attorney Robert Martina reviews the four elements of a workers comp claim.
Well, workers’ compensation claims are completely different than tort claims, or personal injury claims. It’s a whole different system. They’ve got their own set of laws. The Louisiana Workers Compensation Act applies. There’s a lot of big differences between workers’ compensation claims and personal injury or tort claims. Specifically, it’s a no-fault system. There’s no fault in workers’ compensation claims. And there’s no award for pain and suffering, or mental anguish in workers’ compensation claims.
So, that’s the two big differences. But there’s really only four elements to a workers’ compensation claim in Louisiana. I can go into those, the first one is penalties and attorney’s fees for improper claim handling. The second is wage exposure or indemnity exposure. Which is lost wages or if you lose income due to an injury. That’s the second element.
The third element is pretty big. Usually future medical expenses. Future medical exposure. Workers’ compensation pays for reasonable, necessary and related medical treatment. So, that could last a lifetime, if you stay on comp for the rest of your life. Medical benefits don’t prescribe. Or, there’s no statute of limitations on medical benefits. But indemnity, there is different statute of limitations. Or in Louisiana, they call it prescription, apply to different benefits that you get indemnity. But medical, there is no statute of limitations or prescription.
The fourth element of a workers’ compensation claim in Louisiana is sometimes there’s an award for serious and permanent scarring and disfigurement. Those are in certain cases where there’s some serious and permanent impairment or scarring and disfigurement. But that’s limited up to 100 weeks of wages. So, sometimes that apply, sometimes it doesn’t. For more information on workers compensation claims, go to GallowayJefcoat.com.