Suffering an injury at work can be overwhelming, but workers’ compensation benefits are designed to help injured employees recover and stay financially stable. If you’ve been injured on the job in Louisiana, you may be entitled to a settlement to compensate you for your lost wages, medical expenses, and long-term disability. However, the type of disability you have plays a significant role in determining whether you qualify for a settlement and how much compensation you may receive.
Temporary Total Disability (TTD) benefits apply to workers who are unable to perform any work while they recover from their injuries. These disabilities are temporary, meaning the worker is expected to eventually return to work, but they cannot work at all during their recovery period.
TTD benefits cover two-thirds (66 2/3%) of your average weekly wage, subject to state maximum and minimum limits. If you have been receiving TTD benefits and your injury leads to a permanent impairment, you may qualify for a workers’ compensation settlement to account for ongoing medical expenses or future wage loss.
Temporary Partial Disability (TPD) benefits are for workers who can return to work in a limited capacity while they recover from their injuries. For example, if you are injured but able to perform light-duty tasks or reduced hours, TPD benefits can help cover the difference between your pre-injury wages and what you’re able to earn during this temporary period.
Although TPD benefits are temporary, if your condition worsens or results in permanent limitations, you may qualify for a settlement to account for your ongoing financial needs. Settlements for TPD injuries often factor in the anticipated duration of partial disability and any long-term impacts.
Permanent Partial Disability (PPD) applies when a worker suffers a permanent injury but is still able to perform some work. Common examples include the loss of a finger, partial loss of vision, or reduced mobility in a limb. While the worker may be able to return to work, they are unlikely to earn the same wages as before the injury.
PPD settlements are typically calculated based on the impairment rating assigned to the injured body part and its effect on the worker’s ability to earn a living. Louisiana uses a specific schedule to determine the value of certain injuries, such as the loss of a hand or leg, and workers can negotiate settlements based on these calculations.
Permanent Total Disability (PTD) is for workers whose injuries are so severe that they can no longer perform any type of work. This can include catastrophic injuries such as paralysis, traumatic brain injuries, or the loss of multiple limbs.
In Louisiana, workers with PTD are entitled to receive two-thirds of their average weekly wage for the rest of their lives. However, many injured workers choose to negotiate a lump-sum settlement instead of receiving ongoing weekly payments. Settlements for PTD typically consider the worker’s life expectancy, medical expenses, and lost earning potential.
Supplemental Earnings Benefits (SEB) are designed for workers who are unable to earn at least 90% of their pre-injury wages due to a work-related injury. SEB is available after TTD benefits end and is calculated based on the difference between your pre-injury and post-injury earnings.
Workers who qualify for SEB may also negotiate a settlement if their injury permanently affects their earning potential. These settlements often include compensation for projected wage losses over time, along with any medical expenses related to the injury.
In Louisiana, workers’ compensation settlements are calculated based on several factors, including:
Each case is unique, and settlement amounts vary depending on the specific circumstances of your injury and your long-term needs. Consulting an experienced workers’ compensation attorney is essential to ensure your settlement reflects the full extent of your damages.
Before accepting a workers’ compensation settlement, it’s important to carefully evaluate your current and future needs. Once you accept a settlement, you generally cannot reopen your claim or request additional benefits, even if your condition worsens. Factors to consider include:
Working with an experienced workers’ compensation attorney can help ensure that your settlement accounts for all of your current and future needs. An attorney can also negotiate on your behalf to maximize the amount you receive.
Filing for and negotiating a workers’ compensation settlement can be complex, especially if your employer’s insurance company disputes your claim or offers a low settlement. A skilled attorney can help by:
At Wanko Workers’ Comp, we have years of experience helping injured workers in Louisiana navigate the workers’ compensation system and secure the benefits they deserve. Whether you’re filing your initial claim or negotiating a settlement, we’re here to advocate for your rights and ensure you receive fair compensation.
If you have questions about your workers’ compensation settlement, contact us today to schedule a free consultation. Let us help you get the compensation you need to move forward with your life.