Workers' CompensationThe Louisiana law workers’ compensation law provides for compensation for workers who are injured and unable to work. If you are injured at work or become ill because of an occupational-related disease, you may be eligible for workers’ compensation benefits. Eligible employees can receive partial pay for the time missed from work. There are four types of benefits:

  • Lost wages
  • Medical and/or death
  • Mileage reimbursement
  • Vocational rehabilitation

Workers’ Compensation Attorney

Workers’ compensation in Louisiana is usually administered at the state level. It may provide payment for weekly earnings, paid medical expenses, and compensation for financial losses caused by the injury. Many workers are able to navigate the workers’ compensation, obtain medical treatment and benefits, and eventually return to work.

You may need to consult with a workers’ compensation lawyer if you are having difficulty filing a workers’ compensation claim with your employer. It may be that they do not have workers’ compensation insurance, or the insurance company gets involved in your claim and demands a nurse case manager or tries to have a physician release you from treatment before you are ready. If you experience resistance to your workers’ compensation claim or are denied, you should consult with a workers’ compensation attorney.

When should I hire a Workers’ Compensation Lawyer?

Have you been injured at work but unsure if you need an attorney to assist you with the claim? Most average workers’ compensation claims do not require the assistance of a lawyer. When your claim is straightforward and not contested by your employer or their insurance company, there is no need to a lawyer.

Workers’ Compensation Insurance Companies usually do not argue against cases that:

  1. Are clearly work-related
  2. Do not require ongoing and/or extensive medical treatment
  3. Do not require extended time away from the workplace
  4. Do not leave the employee permanently injured

You should most definitely consult with and hire a Workers’ Compensation Attorney if any of the following situations arise:

  1. The insurance company denies your claim. An experienced Workers’ Compensation Attorney will guide you through the process to appeal the decision that was made by the insurance company.
  2. The Workers’ Compensation Insurance Company disagrees with your permanent disability rating. Your medical professional will rate your disability based on severity, and your employer’s insurance company could possibly dispute that rating, requiring you to see an independent medical examiner of their choosing.
  3. You have a preexisting condition that involves the same body part that you injured in in the workplace. The insurance company might try to blame your injury on your preexisting condition instead of the injury sustained at the workplace.
  4. You struggle to receive the medical care you need because the insurance company is dragging its feet. Insurance companies do not like to give out money, so they might delay or block payment for medical care that you need.
  5. You can never work that job again and possibly need to change careers due to the injury. If you are no longer able to do your job, you might need a larger Workers’ Compensation Settlement to pay for living expenses until you find another job, or you might need funds in order to pursue other job training.
  6. You are already getting other government benefits that might be affected by workers’ compensation. With Workers’ Compensation Laws, if you already received Social Security Disability Insurance benefits, it is possible that it could be reduced if you receive workers’ compensation.
  7. The insurance company refuses to settle and you have a workers’ compensation hearing. A Workers’ Compensation Lawyer can guide you through the process of proving your case at a hearing and help you recover the Workers’ Compensation Benefits you deserve.

If you are still unsure if you should hire a Workers’ Compensation Attorney, consult with an expert in Workers’ Compensation Laws and Workers’ Compensation Claims Management.  If you live in or near Mandeville, LA, consult with an experienced Workers’ Compensation Lawyer at Wimberly Law Firm. Call (985) 200-8466 for a free consultation.

What Exactly Is Workers’ Compensation Law In Louisiana? What Are An Employee’s Rights?

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. Read More

What are the differences between workers’ compensation or personal injury claims?

Sometimes, depending on your situation, you might not be aware of when you should contact a Personal Injury Lawyer or a Workers’ Compensation Lawyer. There are distinctions you should know between the two before reaching out for representation.

  • Workers’ compensation claims do not require anyone to be at fault, while personal injury claims are all about proving someone else is at fault for your injury.
  • The damages that are paid to the plaintiff are different. For instance, the plaintiff will not be able to collect pain and suffering damages in Workers’ Compensation Settlements, while it is a possibility in a personal injury case. Workers’ compensation will pay out for medical bills and rehabilitation. Personal injury claims might take several months to years to settle, while the employee filing for workers’ compensation is usually paid within days or weeks.
  • The legal processes and procedures are different.

In rare cases, there might be a workers’ compensation claim that is also a personal injury claim. With the typical workers’ compensation claim, it is filed against an employer, whose insurance company then pays for medical bills and a portion of lost wages. If there is negligence of a third party that resulted in your injury at work, there might be a separate case for a personal injury lawsuit. In order to bring forth a personal injury claim, the third party cannot be a coworker or anyone else working for your employer.

If you have more questions about your Workers’ Compensation claim, we at the Wimberly Law Firm, can guide you in the right direction. If you are located in or near Mandeville, LA, call (985) 200-8466 for a free consultation.

Jesse L. Wimberly III

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(985) 200-8466