Workers’ Compensation Attorney in Prairieville, Louisiana
Whether your job is in construction or an office setting, a work injury is not uncommon. Though you may want to continue working because you need the money, an injury may leave you incapable of performing the tasks required for your position. Fortunately, you have a right to certain benefits under the workers’ compensation law.
Workers’ Compensation in Louisiana
Workers’ compensation typically covers any medical care you receive for the injury, rehabilitation services, indemnity wage benefits, and death benefits if applicable. Your employer is responsible for these payments if you are injured while performing tasks within the scope of your employment that could have been avoided.
Full-time, part-time, seasonal employees, and minors are covered by workers’ compensation law the day they begin employment. Certain subcontractors and independent contractors are seen as employees under particular circumstances. Those occupations not included in the law are domestic employees, real estate salespersons, officers, directors who don’t receive compensation from their non-profit organizations, and public officials.
Both mental and physical injuries are covered under the law. Mental injuries are only covered if they result from a physical injury or unexpected and extraordinary stress brought on by their employment. Clear and convincing evidence is required to prove the mental injury claim.
Filing a Claim
You need to take specific steps to file a claim once you’ve suffered an injury at work. You should get the medical treatment you need right away from an authorized healthcare provider. That is usually someone your employer has contracted for these services. Report the injury immediately to your employer, in writing, to avoid your claim being denied because you waited too long to notify the appropriate party. If you delay the reporting, you may lose your right to any compensation benefits. Be sure to include the date and description of the injury in your report.
As the employee, you must prove that an accident occurred while performing your job’s duties, an injury or disability resulted, and the accident caused the injury or disability.
What Benefits Are Available?
You are entitled to indemnity and medical benefits under the workers’ compensation law. Indemnity benefits are weekly or monthly payments made to the claimant for the time they’ve lost on the job due to the work-related injury.
In cases where the employee passes away within two years of their final treatment due to a job-related accident, the surviving family members may be entitled to the indemnity benefits of the deceased.
The employer or their workers’ compensation insurer pays medical expenses related to the work injury. They have 30-60 days to pay the healthcare providers for their services.
Appealing a Workers' Comp Decision
If there is a dispute regarding the treatments administered to the injured party and the insurer denies the claim, an appeal can be filed with the Office of Workers’ Compensation Administration (OWCA) Medical Director. If there is still a dispute after the medical director issues their decision, a Disputed Claim for Compensation can be filed.
You also have the right to settle your claim for a lump sum as long as you have the approval of a Workers’ Compensation Judge. As a law firm experienced in fighting for workers’ rights, we can work through the details of your case, determine if you qualify, and assist you through each step of the process. Don't hesitate to reach out to us today.
Workers’ Compensation Attorney Serving Prairieville, Louisiana
Our firm is dedicated to seeing justice served and will take the steps necessary to deliver a favorable outcome for your work-related injury. We are ready to communicate with your employer and insurance agencies as you focus on what’s most important, your recovery. So don’t wait any longer, call us today so we can get started on your claim.