How Workers’ Compensation Works in Louisiana

Workers' CompensationHave you been injured on the job and don’t know what to do? Is the mountain of workers’ compensation paperwork and red tape making you feel like you’ll never get the benefits you need? The experienced workers’ compensation attorneys at Neblett, Beard & Arsenault have been representing individuals with workplace injuries for more than 30 years. Our attorneys are here to help you through the process of filing a claim, resolving disputes and pursuing the benefits you are entitled to. Contact us today to get started.

I was injured on the job. What should I do?

If you haven’t already, seek medical attention and report your injury to your employer. Notify your supervisor and your HR representative immediately, and give them the date and location of the injury. This gets the clock started on the time your employer has to report the injury to the insurer. Failure on your part to report your injury in a timely manner may hurt your chances of receiving workers’ compensation.

You should also take note of any witnesses to the accident, and start keeping a journal of how the injury is affecting you in daily life. You can be certain that your employer’s insurance company will be taking detailed notes about the accident. That’s why we suggest you contact one of the Louisiana workers’ compensation attorneys at Neblett, Beard & Arsenault as soon as possible — so you have someone in your corner, too.

Will I automatically be entitled to Louisiana workers’ compensation benefits?

In Louisiana, most employees are covered by their employers’ workers’ compensation plan. This includes full-time, part-time, and seasonal workers, as well as some subcontractors and certain independent contractors. An employee who is injured on the job is automatically entitled to certain benefits, such as medical care, indemnity wage benefits, vocational rehabilitation services, and/or death benefits, according to the Louisiana Workforce Commission. If you cannot go back to work, the compensation can come either in the form of Temporary Total Disability (TTD) or Permanent Total Disability (PTD) benefits.

Workers Comp HelpLouisiana workers’ compensation law covers physical and mental injuries from accidents or occupational diseases. However, there are some parameters. Some exceptions may include injuries caused by the employee’s willful intent to harm himself or the employee’s intoxication at the time of the injury (although this is not an exception in all cases).

How can I file a workers’ compensation claim in Louisiana?

When you report your injury to your supervisor and HR representative, your employer should file a claim with the workers’ compensation insurer. When you go to the doctor, he or she should also fill out paperwork documenting your injury. If your employer denies your claim, you will need to file a Disputed Claim for Compensation through the state.

The experienced workers’ compensation attorneys at Neblett, Beard & Arsenault can guide you through this process and help you prepare the documentation necessary to file for proper compensation. Contact us now to get started.

Am I entitled to get my old job back after a workplace injury?

Your employer is not required to hold your job for you. However, your employer also cannot fire you simply because you filed a Louisiana workers’ compensation claim. The dedicated attorneys at Neblett, Beard & Arsenault will stand up for your rights as an injured worker.

Will I make the same amount with workers' compensation as before my injury?

Not necessarily. If you cannot return to work immediately due to your injury, you may be entitled to weekly or monthly benefit payments equal to a portion of your average weekly wage. If you are able to return to work but cannot earn at least 90 percent of your former wage, you may be entitled to Supplemental Earnings Benefits (SEB), which could help narrow the wage gap. In addition to benefits from your Louisiana workers’ compensation claim, the attorneys at Neblett, Beard & Arsenault will help you explore other options for compensation, such as in cases where unsafe working conditions may have led to the injury. Contact us today to discuss all of your options for compensation.

Can I receive the workers’ compensation payment in one lump sum?

An employee may be entitled to a one-time payment of $50,000 if his or her injury is deemed catastrophic in nature. The Louisiana Workforce Commission defines the following injuries as catastrophic: paraplegia, quadriplegia, or the total anatomical loss of hands, arms, feet, legs, eyes, or one hand and one foot, or any two thereof.

Your employer/insurer may also offer you a lump sum settlement of your claim in exchange for a release of further obligations. Before you accept a settlement offer of any kind, contact the experienced Louisiana workers’ compensation attorneys at Neblett, Beard & Arsenault to review whether you are getting a full and fair offer.

What should I do if I’m not getting enough in workers' compensation benefits?

Workers compensation legal help in LouisianaIf you feel you are not receiving the proper amount in benefits related to your claim, contact the experienced Louisiana workers’ compensation attorneys at Neblett, Beard & Arsenault for help disputing the compensation amount. We know how to navigate the complicated Louisiana workers’ compensation system, and we will fight for the benefits you deserve.

I have a serious, long-term work injury. What should I expect?

If your Louisiana workplace injury leaves you permanently disabled, you may be entitled to Permanent Total Disability (PTD) benefits equal to a portion your average weekly wage. If your injury is deemed catastrophic, you may be entitled to an additional one-time payment of $50,000. Depending on your situation, you may also be eligible for Social Security Disability (SSD) benefits.

When you’re suffering from a serious, life-altering injury, sorting through your benefit options and the mountain of related paperwork can be overwhelming. But the Louisiana workers’ compensation attorneys at Neblett, Beard & Arsenault can help take the burden off you. Contact us today to go over your options.

When should I seek legal help for my work injury claim?

If you have been injured on the job, seek legal help immediately. The attorneys at Neblett, Beard & Arsenault have more than 30 years of experience handling Louisiana workers’ compensation claims. We know the system inside and out, and we will walk you through all your options. Let us focus on your claim, while you focus on healing. Contact us today.

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