Suffering a serious workplace injury can be life-altering, particularly if it affects your ability to return to your previous job. Workers' compensation is designed to provide financial and medical support to injured workers, but what happens if your injury is so severe that you can’t go back to work? In Louisiana, there are several options available to you under workers' compensation laws. This blog will explore what happens to your benefits if you find yourself unable to return to work due to a work-related injury.
Temporary Total Disability (TTD) Benefits
If your injury prevents you from working at all, even temporarily, you may be eligible for Temporary Total Disability (TTD) benefits. TTD benefits are intended to replace a portion of your lost wages while you are unable to work. In Louisiana, these benefits typically amount to two-thirds of your average weekly wage, up to a state-mandated maximum. TTD benefits continue as long as your doctor confirms that you are unable to work due to your injury.
These benefits are essential for workers who are recovering from severe injuries but are expected to return to work once they have healed. It’s important to keep in regular contact with your healthcare provider and employer during this time, as your condition will be periodically re-evaluated to determine your ongoing eligibility for TTD benefits.
Permanent Total Disability (PTD) Benefits
In some cases, a workplace injury may result in a permanent inability to work. If your doctor determines that you have reached Maximum Medical Improvement (MMI) and you are still unable to return to any form of employment, you may be eligible for Permanent Total Disability (PTD) benefits. PTD benefits are designed to provide long-term financial support to workers who cannot engage in gainful employment due to their injury.
PTD benefits are calculated similarly to TTD benefits, at two-thirds of your average weekly wage, but they are intended to last indefinitely, providing you with ongoing financial support. In Louisiana, these benefits can continue for the rest of your life, as long as you remain unable to work due to your injury. Additionally, you may also be entitled to medical benefits for ongoing treatment related to your injury.
Vocational Rehabilitation and Reemployment
If your injury prevents you from returning to your previous job but does not completely incapacitate you, Louisiana workers' compensation may offer vocational rehabilitation services. These services are designed to help you transition to a new line of work that accommodates your physical limitations. Vocational rehabilitation may include job training, education, and assistance with job placement.
The goal of vocational rehabilitation is to enable you to reenter the workforce in a different capacity. For example, if you were a construction worker who can no longer perform physically demanding tasks, vocational rehabilitation might help you train for a job in a related field, such as project management or safety inspection. During this time, you may continue to receive wage replacement benefits while you undergo training and job placement.
What If Your Benefits Are Discontinued?
There are instances where workers’ compensation benefits may be discontinued, particularly if your employer’s insurance company believes that you are capable of returning to work. If this happens, it’s important to know your rights. You have the right to appeal the decision to discontinue your benefits, and you can request a hearing before the Louisiana Office of Workers' Compensation Administration (OWCA).
During the hearing, you will have the opportunity to present evidence, including medical records and testimony from your healthcare provider, to support your claim that you are still unable to work. It’s advisable to consult with a workers' compensation attorney during this process, as they can help you gather the necessary documentation and represent you during the hearing. Our workers' compensation attorneys are experienced in handling these cases and can help you protect your benefits.
Understanding Your Rights and Options
If you are facing the possibility of not being able to return to work due to a workplace injury, it’s important to understand all of your rights and options under Louisiana workers' compensation law. The system is designed to provide you with financial support and the resources you need to either return to work or transition to a new career if possible. Whether you are eligible for TTD, PTD, or vocational rehabilitation services, knowing your rights can make a significant difference in your recovery process.
If you’re concerned about the status of your workers' compensation benefits or need help navigating the system, don’t hesitate to reach out to us. We can assist you in understanding your benefits and ensuring that you receive the full support you are entitled to under the law. Contact us today to discuss your case and learn more about how we can help you during this challenging time.
