Hurt on the Job?
Louisiana Workers’ Compensation Lawyer Representing Injured Workers
If you sustain an injury at work or completing work-related responsibilities, you are entitled to workers’ compensation. Fault is not a factor in receiving these types of benefits. This means that even if you are partially at fault, you are entitled to receive some compensation for your medical bills and time to recover from your injury. Your employer, or your employer’s workers’ comp insurance carrier, must pay you directly.
Unfortunately, the workers’ comp process does not always go as smoothly as it should. Employers and insurance companies save money when they minimize or deny workers’ comp claims, so they use technicalities in the law to justify a denial or limitation on claims. Robert M. Martina is our firm’s head workers’ compensation lawyer, and he spent close to 15 years working for workers’ comp insurance carriers. He knows the tricks these companies use to limit or deny claims, so he offers a unique advantage for injured workers seeking benefits for cases at our Lake Charles and Lafayette law offices.
How Can a Workers’ Compensation Lawyer Help?
Our firm can assist with any component of the workers’ comp process, including:
- Improper claim handling: The insurance carrier or Office of Workers’ Compensation Administration (OWCA) may misfile or otherwise mishandle your workers’ comp claim, intentionally or otherwise, resulting in a loss of benefits.
- Wage loss benefits: The amount of wage loss benefits you are entitled to receive depends on your type of injury. You can usually receive the average of your last four weeks’ wages, with some adjustments.
- Medical benefits: We can help you figure out what medical benefits you are entitled to and take action if you are not receiving benefits for your surgeries, rehabilitative care and medication.
- Scarring and disfigurement: Some critical workplace injuries can necessitate additional coverage outside of workers’ comp, and we can explain your options if you sustained a permanent injury.
Who Can Receive Workers’ Comp Cover in Louisiana?
Full-time, part-time and seasonal employees are entitled to workers’ compensation. Depending on how you are classified, you could be covered if you are a subcontractor or independent contractor. Even if you believe you are not entitled to workers’ comp due to your status as an independent contractor, you may be misclassified. Call our attorneys for free advice on whether you qualify for workers’ comp.
What Injuries are Covered Under Workers’ Comp?
You can seek workers’ comp for physical injuries and occupational diseases related to your employment. Some emotional and mental injuries are also covered, but these must be connected to a serious accident or extremely traumatic event or series of events that happened at work.
The Louisiana Workers’ Compensation Act provides the following definitions:
- Accident: A sudden, unexpected event that causes “objective findings of an injury.”
- Occupational disease: A disease or illness “characteristic of and peculiar to” a specific position or line of work.
If another party caused your injury, such as the manufacturers of a defective product, you may have grounds to file a third party claim in personal injury law against this party and receive additional compensation.