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Injured At Work?

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Louisiana Workers' Compensation Lawyer

Being injured on the job is a stressful event for an employee. Worrying about your health and your job security can be overwhelming. Hiring an experienced workers’ compensation lawyer for the Lafayette and Metairie area can help you focus on your recovery instead of the details of filing a workers’ compensation claim. The last thing you want to worry about when you have been hurt is money for medical bills. Our lawyers can help you receive the workers comp benefits you are entitled to receive.

Call The Law Offices of Blaine J. Barrilleaux at 337-989-1212 for a free consultation with a workers’ compensation lawyer.

The Importance of Filing a Workers’ Compensation Claim

When you are injured on the job or become ill because of your employment, workers’ compensation insurance should cover your injury. The workers’ compensation system in Louisiana is intended to provide certain benefits for injured workers. The law requires that employers carry worker’s compensation insurance. In return, employers are protected from employees filing lawsuits for injuries. Only in a few, very narrow cases are employees permitted to file lawsuits against employers for injuries.

Injuries that are covered by workers’ compensation insurance include:

  • Unforeseen accidents while at work
  • Unexpected events that may cause an injury
  • Injuries sustained while working off-site at a location designated by the employer
  • Diseases caused by toxic exposure
  • Illnesses caused by job duties or work conditions
  • Injuries caused by another employee

It is important to seek the advice of a skilled and experienced workers’ compensation lawyer if your employer refuses to report the injury or the insurance provider denies your claim. An employer nor an insurance provider can legally deny a workers’ compensation claim for a covered injury or illness.

Workers Compensation FAQ

If you’ve suffered a work-related injury or illness, you might be unsure whether your workplace owes you compensation. It can be difficult to take the first steps of filing a workers’ compensation claim, and if a claim is denied it might feel like you have no recourse.

We get calls pretty often from people who aren’t sure whether they should file a workers’ comp claim, or who have been denied and want to know what their options are. Naturally, people have a lot of questions when first beginning the process, so we’ve compiled some of the most common ones below.

Workers’ compensation provides employees with medical benefits and wage replacement if they have a job-related injury or illness. It protects employees regardless of who is at fault for the injury, as long as it was work-related and the employee was not violating company policy or breaking the law at the time it occurred.

Most employees are protected under workers’ compensation laws in Louisiana, whether employed full-time, part-time, seasonally, or as a contractor. Common exceptions are domestic workers and government employees.

An employee may be entitled to compensation even if the injury occurs outside the workplace, such as when traveling for work or attending a work social function.

Workers’ compensation claims are paid for by the employer or the employer’s workers’ compensation insurance. Louisiana state law requires employers to carry workers’ compensation insurance, with a few exceptions, such as when an employer is allowed to self-insure.

Whether an employer carries workers’ comp insurance or self-insures, it is their responsibility to pay for it. An employee should never be asked to pay into workers’ compensation, and any such requests should be reported to the Office of Workers’ Compensation Administration. 

Workers’ compensation benefits include disability and death benefits, medical coverage, and rehabilitation. Disability benefits replace a portion of the employee’s wages if the employee is unable to work for at least one week due to the injury. Temporary and permanent total disability are covered, as well as permanent partial disability. 

Workers’ comp insurance covers 100% of medical costs associated with diagnosing and treating a workplace-related injury or illness. In most cases, it will also pay for vocational rehabilitation if it’s needed.

If a workplace injury or illness causes an employee’s death, workers’ compensation will pay funeral and burial expenses. The employee’s spouse, children, or other dependents are also entitled to cash benefits.

Workers’ compensation covers work-related injuries and illnesses that require medical treatments or cause loss of wages. This can include things like slip and falls, burns, exposure to illness, or work-related driving accidents. Long-term conditions caused by repetitive stress, like carpal tunnel syndrome, also qualify for workers’ comp.

Workers’ compensation won’t provide coverage in certain circumstances, for example, if an employee violates company safety policies, causes a self-inflicted injury, or is intoxicated on the job when the injury occurs.

Workers’ compensation lawyers can help their clients early in the process, walking them through the steps of filing a workers’ compensation claim so it goes as smoothly as possible. If the insurance company denies the claim, they’ll help navigate the process of appealing it.

It’s not uncommon for employers or workers’ comp insurance companies to try and deny liability, so it’s useful to have help from a lawyer with workers’ compensation experience. A good workers’ compensation lawyer will help you gather medical documentation to prove that the injury is work-related and meets compensation requirements.

Louisiana requires employers to have workers’ compensation insurance in order to ensure that their employees are protected in the case of work-related injuries or illnesses. Some employers opt to self-insure, which is allowed with approval.

Employers must be insured for workers’ comp regardless of the type of employees they have, whether full-time, part-time, seasonal, or contract. There are a small number of exemptions, including employees of a private residence, performers, real estate salespeople, and employees covered by the Federal Employer’s Liability Act.

If you’ve been injured at work, the sooner you get a worker’s compensation lawyer, the better chance you’ll have of the claims process going smoothly. The initial process of filing a claim can seem straightforward, but if the employer or insurance company tries to deny liability, things can get complicated fast. Getting help from a lawyer before the claim is even filed can often help you present the facts more clearly, so there’s less room for question or deniability.

If you’ve already filed a claim on your own and it’s been denied, it’s not too late to get help. An experienced workers’ comp lawyer will be able to review your situation and gather the facts and evidence needed to file an appeal.

If you’re unhappy with the way your lawyer is handling your workers’ compensation case, you can replace them at any time. It’s important to understand that this may cause delays, however, and it may be difficult to find a replacement lawyer because they’ll generally be required to split their fees with your original attorney.

That being said, if your lawyer doesn’t seem to understand workers’ compensation laws, is rude or unprofessional, or doesn’t seem to be working hard to progress the case and keep you updated, it could be a good idea to start looking for a replacement.

Employees usually won’t have to pay state or federal taxes on workers’ compensation benefits. There are a couple of exceptions, however.

The first exception is employees who are receiving social security disability benefits as well as permanent disability benefits from workers’ comp. The second is employees receiving supplemental security income as well as lost wage payments from workers’ comp. In these cases, the workers’ comp benefits are taxable. Workers’ compensation benefits are never tax-deductible.

The last thing most people want to do while recovering from a workplace injury or illness is to struggle to prove that they’re owed compensation. Contact us if you need help filing a claim or appealing a claim denial, and we’ll be happy to go over your options.

What Benefits Am I Entitled to Receive from a Louisiana Workers’ Compensation Claim

When you become ill because of your employment or you are injured in a workplace accident, you are entitled to certain benefits under the state’s workers’ compensation system. You are entitled to receive medical care for your injury or illness, including surgery, physical therapy, medications, and medical equipment. The workers’ compensation insurance provider should pay the medical providers directly for reasonable and necessary expenses.

If you are unable to work because of your injury or illness, the insurance provider should pay wage benefits known as Temporary Total Disability (TTD). This weekly wage benefit is equal to two-thirds of your average weekly wages. Depending on the circumstances of your injury and recovery, you may also be entitled to other benefits including Supplemental Earnings Benefits, Permanent Partial Disability, and Permanent Total Disability.

It is crucial to work with an experienced workers’ compensation lawyer to ensure that you receive all benefits you are entitled to receive by law. Benefits other than your medical expenses and TTD benefits depend on several factors, including the impairment rating from your physician. Working with a Lafayette workers’ compensation lawyer can help ensure you are not taken advantage of by the insurance provider or your employer.

What Employees Should Do If They are Injured on the Job

If you are injured, or you believe your illness is work-related, there are certain steps that you need to take to protect your right to receive workers’ compensation benefits.

Failing to report an accident, injury, or illness in a timely manner to your employer could result in a denial of your claim. Therefore, notify your supervisor, manager, and human resources department of the situation immediately.

You need to see a doctor as soon as possible after reporting the injury. In an emergency, seek immediate medical attention and then report the accident to your employer.

Even though the workers’ compensation system is designed to provide benefits to employees, there are many deadlines and filing requirements to ensure benefits are paid. An attorney can help you make sure that you do not miss any requirements, in addition to aggressively working to protect your rights.

Begin a journal as soon as you can to take notes of the details of your injury, treatment, and recovery. Make sure that you note the names of any witnesses, details of how the accident occurred, your daily pain level, and how the injury prevents you from enjoying or performing daily activities and family duties.

What Our Clients Are Saying

5 Star Testimonials

Dawn M.

Mr. Blaine Barrilleaux and his staff made this process as painless as possible. This was my first time going through a lawsuit and he and his staff made me very comfortable and went above and beyond to make sure I understood the process and what to expect. I would recommend this law firm to anyone seeking help.

Lafayette, Louisiana USA

Donna

Anytime I needed anything Blaine’s team was there to help me. They were friendly and on top of everything I asked for. I really appreciate how hard and quickly they worked to resolve my case. I would highly recommend Blaine Barrilleaux Law for anyone needing legal help.

Lafayette, LA, USA

Jeff and Michelle

Blaine Barrilleaux and his staff went beyond what was ever expected. Blaine was very easy to talk to and he listened to all my needs and concerns. They truly care. Thanks Blaine for all you did for us.

Lafayette, Louisiana, USA

Kimberly S.

Blaine and his staff treated my family with the most respect. Blaine cares for his clients and goes above and beyond for them. Thank you Blaine for all your hard work and time in my case.

Morgan City, LA, USA

Call for a Free Consultation with a Lafayette Workers’ Compensation Lawyer

The Law Offices of Blaine Barrilleaux is a personal injury law firm in Louisiana with offices in both Lafayette and Metairie. Our law firm welcomes a wide range of personal injury cases including auto accidents, truck accidents, workers compensation and wrongful death. To schedule a consultation with one of our practicing attorneys, please give us a call at 337-989-1212 or complete our inquiry contact form.

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