If you were hurt on the job, you may be eligible for disability benefits and payment of your injury-related medical bills. Unfortunately, it can be difficult to obtain the benefits you need, even when it seems like you have an open-and-shut case, so hire a workers’ compensation lawyer serving Lake Charles for help.
Call the personal injury lawyers serving Lake Charles at Galloway Jefcoat for a free consultation to see how we may be able to assist you. We charge no upfront fees, which means there is no risk in contacting us.
We have a proven track record of securing hundreds of millions for past clients, and we want to help you, too.
Are You Covered by Louisiana Workers’ Compensation?
If you are a full-time, part-time, or seasonal employee, you are most likely covered by the workers’ compensation system, with certain exceptions under Louisiana law:
- Domestic employees
- Most real estate sales employees
- Officers and directors of certain non-profit organizations that do not receive compensation
- Public officials
While many independent contractors and subcontractors are not considered to be employees, some might be. A Louisiana workers’ compensation lawyer can evaluate your claim.
Benefits may be provided if you suffer an injury that arises out of and occurs within the scope of your job. Fault does not play a role in a workers’ compensation claim. That means benefits may be available regardless of whether you or your employer is at fault.
You can still receive medical benefits and wage replacement even if the accident was partially your fault. For more information, contact our workers’ compensation lawyers serving Lake Charles.
Ineligibility
However, you will not receive benefits if your injury was caused by your own willful intention to injure yourself or others, intoxication, or if you were the aggressor in an unprovoked physical altercation. Injuries sustained during “horseplay” are also excluded.
Occupational Diseases
Occupational diseases are work-related illnesses that develop due to conditions specific to your job. For example, long-term chemical exposure may lead to respiratory diseases or other health issues.
You must link the disease directly to your job duties and prove it wasn’t caused by activities outside of work.
This may be difficult without the help of an experienced Lake Charles workers’ compensation lawyer, especially if you’re dealing with significant medical expenses, lost wages, or denial of benefits from the workers’ compensation insurance company.
Aggravation of Pre-existing Injuries
Sometimes, a workplace accident worsens an existing injury. If this occurs, you may still be entitled to workers’ compensation benefits, including medical treatment and disability benefits.
To qualify, you must show how the work environment or job duties aggravated the injury and created new symptoms or complications.
"I have used Galloway Jefcoat a few times and have always been very satisfied. Furthermore, all of the people who work there are very professional, nice, and courteous."
If You’ve Been Denied or Told You’re Not Eligible
If you have any questions about your eligibility or if your employer told you that you do not qualify but you disagree, give us a call. Our attorneys are here to help injured workers in Louisiana get the support they need.
Unlike a workers’ compensation insurance company, our goal is to secure the full range of benefits for your medical costs, lost wages, and recovery needs.
There are no upfront fees for our services, and we have been serving injured workers across Louisiana for more than 25 years.
"Galloway Jefcoat are amazing professionals who are very client focused. They will guide you thru all the details to help get your litigation solved. I was involved in a crash that ultimate required a knee replacement"
Are Off-Site Injuries Covered?
This is a complicated issue that should be discussed with an experienced attorney. If you were engaged in a work-related activity while off-site, your injury may still be covered by workers’ compensation.
For example, if you were making a delivery and were involved in a truck accident, or were injured at a company-sponsored event, your injury may still qualify.
Business travel injuries, including slip and fall accidents, can also result in compensation under the system if the activity was job-related.
"As a client of Galloway Jefcoat for over two years I want to take a minute to say how much I appreciate the team handling my case."
Medical Care and Disability Benefits
Your employer or their workers’ compensation insurance company must pay all approved and necessary treatment expenses. This includes everything from physical therapy to hospital stays, and even travel costs related to medical treatment.
However, under Louisiana workers’ compensation laws, non-emergency medical services that exceed $750 must receive prior approval from your employer or their insurer. For more information about medical care help, call Galloway Jefcoat today.
Temporary Total Disability (TTD)
If your work-related injury leaves you unable to work, you may qualify for Temporary Total Disability benefits. TTD benefits are typically two-thirds of your average weekly wage for the 52 weeks before your injury and are subject to limits set by the state. These benefits provide critical wage replacement while you recover.
"Great experience, from day 1 I felt like I finally had someone on my side and that feeling didn't leave me for 1 single moment."
Indemnity Benefits
Indemnity benefits refer to the financial compensation you may receive for time lost from work due to injury. This includes various types of disability benefits, such as:
- Temporary total disability
- Supplemental earnings benefits
- Permanent total disability
Supplemental Earnings Benefits
If you return to work but earn less than 90% of your previous wages due to your injury, you may be entitled to Supplemental Earnings Benefits. This benefit helps bridge the wage gap and provides support for a maximum of 520 weeks.
Catastrophic Injuries
Some injuries are considered catastrophic under the law and may qualify you for a one-time payment of up to $50,000. These injuries include:
- Paraplegia
- Quadriplegia
- Total anatomical loss of both hands, arms, feet, legs, or eyes
- Total anatomical loss of one hand or foot
- Any two of the above combined
- Wrongful death
In cases of death, surviving family members may receive benefits such as weekly wage replacement and funeral expenses.
Death Benefits
If a worker dies within two years of the last medical treatment for a job-related injury, surviving family members may be entitled to weekly benefits.
When there are no dependents, each surviving parent may receive a one-time payment of $75,000. The employer must also cover burial expenses up to $8,500.
If you’ve lost a loved one in a work accident, contact our firm to speak with a Louisiana workers’ compensation lawyer about possible death benefits and compensation.
Can You Choose Your Doctor?
Yes, Louisiana law allows you to choose one doctor per medical specialty for treatment. However, changing doctors later requires approval from your employer or their insurance company.
This is important when dealing with long-term injuries such as traumatic brain injuries, spinal damage, or repetitive stress injuries that require ongoing physical therapy and specialized care.
Notifying Your Employer About an Injury
You are legally required to notify your employer about your injury within 30 days. Failing to report the injury within this window could result in a denied workers’ compensation claim.
You also have one year to file claims for medical benefits and indemnity benefits. For occupational diseases, the timeline is one year from the date you discovered or should have reasonably suspected the condition was work-related.
How Long Will It Take to Receive Your Benefits?
Temporary Total Disability and Permanent Total Disability benefits should begin on the 14th day after your employer is notified of the injury. However, no benefits are paid for the first 7 days unless your disability continues for at least 14 days.
Medical benefits must be paid within 30 days of receiving written notice of your injury. Be sure to submit all medical bills and receipts to your employer or the workers’ compensation insurance company to ensure reimbursement.
If there are delays or denials, speak with a workers’ compensation lawyer serving Lake Charles right away. The sooner you act, the more likely you are to protect your rights and recover your full benefits.
Denied Claims
Many workers are surprised to learn that their legitimate claims have been denied. But it’s more common than you might think, especially when dealing with an uncooperative insurance company.
If your claim has been denied, don’t give up. Speak with a lawyer experienced in this practice area. The workers’ compensation lawyers serving Lake Charles at Galloway Jefcoat can review your case and help you file an appeal if appropriate.
We Will Handle the Forms and Paperwork
From gathering documentation to filing a Form 1008 Disputed Claim for Compensation, our attorneys manage every detail. We will represent you at the mediation conference and, if necessary, handle litigation to seek the compensation you’re owed.
Get a 100% Free Consultation With Our Workers’ Compensation Lawyers Serving Lake Charles
If you are having trouble obtaining the benefits you need after a workplace injury, Galloway Jefcoat is here to help. Our experienced team of workers’ compensation lawyers serving Lake Charles understands Louisiana law and knows how to deal with employers and their insurance carriers.
For over 25 years, our firm has fought for injured workers and their families—winning hundreds of millions in compensation across every major practice area, including personal injury, workers’ compensation, truck accidents, slip and fall cases, and more.
We offer a 100% free consultation, and there are no upfront fees. You only pay if we win for you. Call today to speak with a Lake Charles workers’ compensation lawyer who will put your recovery first. Let us handle the legal side while you focus on your health and healing. For more information, visit our FAQ page.
"Galloway Jefcoat helped me at a time when I felt lost and taken advantage of by my employer."
