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Covington Disability Settlements

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Disability Settlements & Workers' Comp

Settling a workers’ compensation or disability claim is a complex process. The best time to seek the advice and guidance of an experienced Louisiana workers’ compensation law firm is at the outset of your case, as soon as possible after injury.

As we have discussed elsewhere on this site, two of the most important factors in your case are your choice of law firm and your choice of a treating physician. Your physician will decide the extent of your injuries and disabilities. Using an experienced law firm to select physicians with a track record of sticking up for the rights of injured workers can help ensure you receive all of the benefits to which you are entitled.

Still, it’s common for injured workers and their families to not reach out to an experienced work injury lawyer in New Orleans, Covington or Raceland until they have questions about a settlement offer from a workers’ compensation insurance company.

At Wanko Law, we focus exclusively on fighting for the rights of injured workers and their families. We believe everyone has the right to experienced legal help at each stage of their case. That’s why we offer comprehensive and confidential reviews of settlement offers and we make a promise to each of our clients:

“If we cannot get the client a better settlement, we will not take any fees or expenses.”

We believe this risk-free arrangement for our clients and potential clients is the best way to keep their needs and best interests at the forefront of everything we do.

Work Injury Settlement Offers in Louisiana

Workers’ compensation insurers often use impairment ratings, Functional Capacity Evaluations and determinations of Maximum Medical Improvement to determine settlement offers, despite the fact that a disability or impairment ratings is typically not required by Louisiana workers’ compensation law.

This is a complex process, each step of which can have a significant impact on current and future benefits, as well as any settlement offers a workers’ compensation insurer makes to an injured employee.

Impairment ratings are usually determined during a Functional Capacity Evaluation (FCE). This rating is often used by the insurance company to determine monetary awards (i.e. settlement offers). However, under Louisiana law, an impairment rating is not used to determine Supplemental Earnings Benefits, Temporary Total Disability benefits or Permanent Total Disability benefits. Rather, this impairment rating percentage is used to determine a monetary award under LA R.S. 23:1221 for Permanent Partial Disability (PPD) benefits, which concerns cases of amputation or loss of use of parts of an injured employee’s body.

Workers’ compensation insurers employ teams of adjusters, investigators, and medical and financial experts to minimize the cost of each claim. The more severe the injury, the more senior and experienced the team assigned to your case. Severe injuries, like spinal injuries, often require expert legal help to ensure that settlements reflect the true cost of the injury.

In these cases, it’s essential to have an experienced work injury attorney on your side. This ensures that you aren't at a disadvantage when negotiating against the insurer's team. Proper legal representation can help secure a fair settlement that fully covers the financial burden of your injury, especially in cases involving long-term care or disability.

Insurers make settlement offers to limit costs and eliminate administrative expenses associated with ongoing claims and litigation. Generally there are two types of settlement offers:

Compromise settlements: Insurers often challenge aspects of care and rehabilitation for a multitude of reasons, from allegations an injury or treatment resulted from a pre-existing condition, to challenging the necessity or costs associated with a chosen treatment provider. These types of disagreements are typically resolved through compromise settlements.

Lump-sum settlements: These settlements are aimed at locking in costs and settling a claim through a discounted, lump-sum payment in exchange for a full and final release of the workers’ compensation insurer from any future claims or liability associated with your injury, rehabilitation or disability.

As a routine business practice, insurers push for low payouts and steep discounts at each stage of your case, and use experienced legal and medical experts to prove their case. It’s the job of your work injury lawyer to counter these claims with equal expertise and experience, and superior arguments.

The reality is that settling a claim is always in the best interest of an insurer, even when the settlement reflects the full value of the claim. Eliminating the possibility of being financially liable for future medical complications, and reducing the cost and overhead of administering your claim, are of substantial benefit to insurers, without unfairly lowballing injured workers and their families with steeply discounted settlement offers.

If you have been injured, call day or night for a free and confidential consultation to discuss your rights. Call 985-202-9907.

Frequently Asked Questions

Factors that influence disability settlements in Louisiana include the severity and permanence of the injury, established through impairment ratings and Functional Capacity Evaluations. The law in Louisiana does not require impairment ratings to determine certain benefits, but they are often used to calculate monetary awards for Permanent Partial Disability benefits. Settlement offers can be influenced by negotiations between the insurance company's adjusters and your attorney, focusing on aspects such as care challenges and costs. Settlement types include compromise and lump-sum payments, each with strategic benefits and implications for the future rights of the claimant.
Yes, you can negotiate your work injury settlement in Louisiana. It's common for workers and their attorneys to engage in negotiations with insurers to reach a settlement that reflects the severity of the injury and the worker's future needs. This process often involves discussing the terms of compensation, such as the amount and type of settlement, which might include lump-sum payments or structured settlements. Having an experienced workers' compensation attorney can be crucial in effectively negotiating these terms.Workers' Compensation, LLC can help you navigate the negotiation process to achieve a favorable outcome.
If your work injury settlement offer in Louisiana seems too low, first review the offer in detail against your medical expenses and lost wages. Consult a workers' compensation attorney for an evaluation and possible negotiation strategies. With legal guidance, negotiate with the insurance company to argue for a higher settlement based on your needs. Consider mediation if direct negotiations don't lead to a satisfactory outcome. If necessary, you can request a formal hearing where a judge will make a decision. In Louisiana, Workers' Compensation, LLC can provide the expertise needed to ensure you receive a just settlement.
To get assistance with your disability settlement in Louisiana, you should consider hiring a workers' compensation attorney who specializes in disability claims. An experienced attorney can help you understand your rights, evaluate the settlement offer, and negotiate for a better deal. They can also represent you in any necessary hearings or mediations. Additionally, looking into local legal aid organizations might provide further support and resources. Please reach out to us to schedule a consultation and discuss your case in detail.

Additional Information in Louisiana

Louisiana Workforce Commission - Workers' Compensation: Comprehensive resources for both employers and workers regarding workers' compensation. It includes access to forms, information on compliance, medical services, and workplace safety. Additionally, it offers guidelines on handling disputed claims and fighting fraud in workers' compensation cases. This site is valuable for someone dealing with a disability settlement case as it provides necessary forms, legal guidelines, and contact details for further assistance.
National Institute for Occupational Safety and Health (NIOSH) - About Workers' Compensation Data: Overview of how these systems protect workers and incentivize employers to reduce workplace injuries and illnesses. It provides detailed data on workers' compensation claims, including the nature of injuries, costs, and demographic information. This site is a valuable resource for understanding national trends and data collection methods in workers' compensation, which can be beneficial in a disability settlements case by providing context and evidence for claims, supporting more accurate and fair settlements.
Occupational Safety and Health Administration (OSHA) - Help for Employers: Comprehensive resources on workplace safety and health standards, compliance assistance, and training opportunities. Employers can find guidelines on their responsibilities under the Occupational Safety and Health Act, tools for hazard identification, and assistance with developing safety and health programs. The site also offers information on OSHA's enforcement actions and whistleblower protections, helping employers maintain compliance and protect worker safety.This resource can assist in disability settlements cases by ensuring that workplace conditions comply with safety standards, potentially reducing the occurrence of work-related injuries.

Contact Louisiana Workers' Comp

Whether you have suffered an immediate injury or have endured a long-term disability or chronic illness, you deserve to have the support you need to recover. Our work injury attorneys will provide you with nothing less than compassionate understanding and exceptional legal counsel.
We’re eager to start advocating on your behalf.
CALL US (985) 893-6530
Wanko Workers' Comp Lawyers provides its service in New Orleans, Covington, Houma, Thibodaux, Mandeville and all across Louisiana
Covington Location
19295 N 3rd St #1 
Covington, Louisiana 70433
New Orleans Location
1140 St. Charles Street
New Orleans, Louisiana 70130
Thibodaux Location
407 West Third St
Thibodaux, Louisiana 70301

Disclaimer: The hiring of an attorney is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. The information on this website is for general information purposes only. This information on this website is not intended to create, and receipt or viewing of this information does not constitute an attorney client relationship. We are workers compensation attorneys serving the entire New Orleans area including Larose, Golden, Meadow, Thibodaux, Houma, Covington, Mandeville, Abita Springs, Metairie, Belle Chasse, Elmwood, Boutte, Harahan, Destrehan, River Ridge, Raceland, Slidell, Kenner and all of Louisiana. We serve St. Tammany Parish, Livingston Parish, Orleans Parish, and Jefferson Parish.
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