Work injuries are complex claims. Even when an initial injury seems minor, consulting with an experienced New Orleans workers’ compensation lawyer is the best thing you can do to protect your rights and the financial well-being of you and your family.
Workers’ compensation insurance provides benefits to most employees who are injured on the job, regardless of fault. In exchange, employees are generally prohibited from suing an employer for additional damages as a result of a work accident. The system is designed to provide timely benefits to injured employees for medical care and lost wages, while shielding employers from the expense of personal injury and wrongful death litigation.
However, it’s critical for injured employees and their families to understand that they are dealing with an insurance company and their defense lawyers. Whenever a claim is filed, it is assigned to a team. More complex and costly claims are assigned to more experienced staff. As a routine matter of business, their job is to limit the cost of your claim. Thus, from the outset, you are battling an experienced team of legal and medical professionals.
Workers’ compensation benefits can include medical care, a portion of lost wages, rehabilitation, vocational training, temporary or permanent partial or total disability benefits, and death benefits.
Most employees in Louisiana are covered from the day they start employment. Employees may be full-time, part-time, seasonal, or minors. However, some employers attempt to evade the law by categorizing employees as independent contractors or otherwise exempting them from workers’ compensation benefits. It’s important to note that in such cases an employer may be pursued through a personal injury or wrongful death lawsuit.
Within 10 days of actual knowledge of an on the job injury resulting in death or lost time in excess of one week, the employer must report the injury to their insurer. Covered injuries include:
While most injured employees are entitled to these benefits, challenges and complications often arise. In many cases, employees do not seek legal advice from an experienced New Orleans workers’ compensation lawyer because they believe an injury to be minor. In other cases, the need for legal help does not become apparent until a claim is denied, an insurer denies recommended treatment, a return-to-work order is issued, an employee is determined to have reached maximum medical improvement, or disagreements arise over the extent of disability. Having an experienced work injury law firm handle your case from the beginning can provide peace of mind, help ensure you are getting all of the benefits to which you are entitled, and avoid delays in the payment of crucial benefits required for medical care, rehabilitation or support of an injured worker’s family.
An employee who suffers a covered injury is entitled to immediate medical care. He or she is eligible for wage benefits after 7 days. No compensation shall be paid for the first week after the injury occurs unless the disability from the injury continues for two weeks or longer after the date of the accident.
It’s a complex system and without the help of an experienced work injury attorney in New Orleans, Covington, or Raceland, an injured worker faces a significant disadvantage when it comes to getting all of the benefits to which he or she is entitled. Common complications include:
At Wanko Law, we focus exclusively on the representation of injured workers and their families. Having an experienced law firm handle your work injury claim can allow you to focus on recovery and help ensure that the benefits you need and deserve will be there when you need them most.
If you have been injured, call day or night for a free and confidential consultation to discuss your rights. Call 985-893-6530.
Indemnity/Lost Wages — weekly payments based upon your average weekly wage; you will receive 66% of your average weekly wage capped at a maximum rate
Medical and/or Death — covers all necessary and reasonable medical treatment, including doctors visits, diagnostic tests, hospital stays, surgery, physical therapy, etc.
Mileage Reimbursement — travel related expenses to and from health care provider, pharmacy, etc. Vocational Rehabilitation program designed to retrain you in an attempt to return you to work for your previous employer, or find new work.