Workers’ compensation law is compromised between the tort law and workers’ compensation. The workers’ compensation scheme covers an injured worker, regardless of that worker’s negligence. In other words, if they hit themselves not intentionally, of course, but by accident where they’d be precluded from recovering any tort suit because that was their fault; instead, they’re entitled to receive workers compensation benefits, which consists of medical care and an average weekly wage computed on various factors.
What Is A Compensable Injury Under Louisiana Workers Compensation Law?
Any injury related to the employment can be from an immediate problem where an individual has an injury that’s accumulated over time, like hearing losses and even cases with heart attacks that have been traced to the actual activity of the employment. So any injuries that fall under this umbrella would be eligible to collect workers’ comp.
When Do I Need To Hire A Louisiana Workers Compensation Attorney?
Ordinarily, it’s best to have an attorney involved at the very beginning of the case to help since workers’ comp cases are disputed at a later date. Indeed, you need to hire one if there’s a dispute over whether or not an injured worker is entitled to medical or other benefits. Then, of course, you need an attorney right away.
I Was Injured On The Job. What Benefits Am I Entitled To?
If you were injured on the job, you’re entitled to a percentage of your average weekly wage, and you’re entitled to all medical costs.
While My Case Is Ongoing, What Am I Supposed To Do For Money?
The amount paid in workers’ compensation benefits is always less than what the individual was earning. So that is an impairment of earning capacity, and there’s not much you can do about it. You can, of course, apply for other types of financial aid like social security disability, SSI, and those types of things, but that is a separate consideration from workers’ compensation.
What Is A Lump Sum Settlement, And Should I Take It?
A lump-sum settlement is if a person’s injured, they’re going to be receiving medical benefits, and they’re going to be receiving the percentage of their wage on a weekly or bi-monthly basis. A lump sum settlement is where the injured employer and employee get together and decide on a lump sum of money the employee can use to cover whatever costs they see fit. It’s very enticing for a person who has been living hand-to-mouth since that injury. But you need a lawyer to take a look at that for you and determine whether or not you’re receiving adequate compensation in that lump sum.
Can My Employer Fire Me Because I Filed A Workers Compensation Claim?
Louisiana law does not allow an employee to be fired for making a workers’ compensation claim.
What Happens If I’m Denied Workers Compensation Benefits?
Suppose you are denied workers’ compensation benefits. In that case, you certainly need an attorney to file a suit, which would be heard in front of the workers’ compensation commissioner, not a jury trial. The evidence will be submitted if you’re found to be entitled to the benefits you’re given, plus penalties and attorney’s fees.
Should I Ever Try And Handle A Workers Compensation Claim Or Denial On My Own Without The Assistance Of An Attorney?
I would certainly not recommend attempting to complete the process alone. It’s a complicated area, and I think that the insurance company undoubtedly has more experience in it than the injured individual. Insurance companies are in the business of making money, so the less they pay that injured worker, the more they make. So it’s just an uneven playing field.
There is a situation where there can be a tort suit involved with a workers’ compensation claim. If the worker’s injured on the job by a third party, third party meaning someone who’s not involved in the trade business occupation of the employer, then a tort suit can be brought against that third party, and the workers’ comp people have to pay the injured worker until that case is resolved. Now, they would want to subrogate and get some of the money back, but that’s okay because that allows the injured worker to receive much more than they would receive in a workers comp case. After all, workers comp pays nothing for pain and suffering. So, suppose you’re injured on a job. In that case, it’s crucial to have an educated attorney look at and see if there’s a third-party responsible, which significantly enhances the value of the case.
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