Workplace accidents can lead to severe injuries, disrupting your life and financial stability. If you or a loved one has been injured on the job in Metairie, LA, you may be entitled to compensation for medical expenses and lost wages.
Partner with the Trusted Metairie Workers’ Compensation Attorneys at Morris Bart
Navigating the complexities of workers’ compensation claims can be challenging. At Morris Bart, our experienced Metairie workers’ compensation attorneys provide comprehensive support, guiding you from the initial claim filing to any necessary court hearings.
How Our Metairie Workers’ Compensation Lawyers Can Help You:
Louisiana’s workers’ compensation program supports employees injured on the job; however, securing fair compensation can be difficult when dealing with insurance companies focused on minimizing payouts.
An experienced attorney at Morris Bart can protect your rights and ensure you receive the compensation you deserve. Our services include:
- Thorough Investigation: We meticulously investigate workplace accidents to identify any signs of fault or negligence.
- Evidence Collection: We gather witness statements, accident reports, and other evidence to support your claim.
- Legal Guidance: We clarify your legal rights and advise you on the best action for your unique situation.
- Documentation Assistance: We help you complete all necessary paperwork accurately and timely.
- Medical Case Building: We consult medical experts to build a strong case for your injury.
- Settlement Negotiation: We negotiate with insurance companies to secure a fair workers’ compensation settlement.
- Court Representation: If necessary, we represent you in workers’ compensation hearings to ensure you receive fair compensation.
Benefits of Hiring a Metairie Workers’ Compensation Lawyer
Statistics show that injured workers who hire attorneys typically receive higher compensation. Insurance companies are more likely to offer better settlements to avoid the expense and uncertainty of court proceedings. Our litigation and trial expertise significantly enhances your chance of achieving the best possible outcome.
For a free legal consultation with a Workers’ Compensation lawyer serving Metairie, call 800-537-8185
Understanding Workers’ Compensation Laws in Louisiana
The Louisiana Workforce Commission manages the state’s workers’ compensation program, providing benefits to employees injured on the job or exposed to hazardous substances. Eligible benefits include:
- Medical Expenses: Covers doctor visits, hospitalization, surgeries, physical therapy, and more.
- Lost Wages: Compensation for lost income during recovery.
- Vocational Rehabilitation: Services to help you return to work.
Although the Louisiana Workforce Commission administers the workers’ compensation program, the employer or their insurer pays the benefits.
Types of Workers’ Comp Benefits Available in Louisiana
Understanding the financial benefits available can give you an edge in negotiations with workers’ compensation insurers. The types of benefits available are as follows:
- Medical Benefits: Covers necessary medical care for work-related injuries or illnesses without copays or deductibles, including transportation costs for medical appointments.
- Disability Benefits: Provides payments for total or partial disability. If you can’t work or work less than before, you receive up to a maximum of two-thirds of your average weekly wage.
- Supplemental Earnings Benefits: If you can work but earn less than 90% of your pre-injury wages, you receive two-thirds of the difference between your previous and current earnings.
- Catastrophic Injury Benefits: A one-time award of $50,000 for severe injuries like paraplegia, quadriplegia, or significant burns.
- Death Benefits: If a worker dies due to a work-related injury or illness, surviving dependents receive weekly benefits and up to $8,500 for burial expenses.
At Morris Bart, we are dedicated to helping you secure the benefits you deserve. Our deep understanding of Louisiana’s workers’ compensation system allows us to negotiate for maximum financial compensation effectively. Contact us today to discuss your case and start the process of securing your rightful benefits.
Common Challenges in Workers’ Compensation Claims
Despite clear state laws, the workers’ compensation process in Louisiana can be fraught with difficulties. Filing a claim only sometimes proceeds smoothly, often due to disputes from employers or insurance companies over the legitimacy of the injury claim.
Employers or their insurers may challenge your injury claim, creating conflicts over the compensation you’re entitled to. Unlike the Jones Act, which protects eligible seamen, workers’ compensation laws have distinct differences, and our personal injury lawyers can help you explore alternative options to claim damages.
Common Reasons for Workers’ Compensation Claim Denials
Workers’ compensation claims in Louisiana often face denial. However, a rejection does not mean your case is closed. You may have other legal avenues to pursue, such as contesting the denial or filing a personal injury lawsuit. If your claim is denied, the insurer must provide a reason.
Common reasons for denial include:
- Injuries not sustained during employment
- Pre-existing conditions
- Missed filing deadlines or application errors
- Misrepresentation of facts
- Insufficient evidence
- Need for additional proof of injuries or losses
- Failure to seek medical care
- Allegations of horseplay or intoxication
- Liability disputes
The work injury lawyers at Morris Bart can help you understand why your workers’ comp claim was denied and assist you in filing an appeal. This may involve requesting an internal review by the insurance company or an external review from the Louisiana Department of Insurance.
Click to contact our Metairie Personal Injury Lawyers today
Injuries and Illnesses Covered by Workers’ Compensation in Metairie
Louisiana’s workers’ compensation program covers a wide range of injuries and illnesses related to job tasks. This includes sudden, traumatic injuries, and repetitive motion injuries that develop over time. Covered occupational injuries and diseases include:
- Amputations
- Bone fractures
- Burn injuries
- Hearing or vision loss
- Illnesses and cancers
- Internal injuries and organ damage
- Lacerations
- Muscle and soft-tissue injuries
- Neck and back injuries
- Paralysis (paraplegia, quadriplegia)
- Scarring and disfigurement
- Spinal cord injuries
- Traumatic brain injuries
Louisiana workers’ compensation laws cover physical injuries and illnesses and specific mental and emotional injuries. These nonphysical injuries are eligible for coverage when connected to a serious or traumatic event at work. Additionally, pre-existing injuries can be covered if they are aggravated by a work-related accident.
Properly Filing Your Workers’ Compensation Case
Mistakes made while filing a workers’ compensation case in Louisiana can significantly impact your ability to receive benefits or a settlement. Focusing on recovery can make it easy to overlook deadlines or make mistakes in the paperwork. A workers’ compensation lawyer can help ensure your case proceeds smoothly.
Common Mistakes When Filing a Workers’ Compensation Claim in Louisiana
- Missing a Deadline: Employees must notify their employer of an on-the-job injury within one year of the injury’s occurrence. In some cases, they can file within one year of the diagnosis if it occurs within two years of the original injury. Meeting these deadlines is crucial to retaining the right to pursue workers’ compensation benefits.
- Proving Employment: You must prove you were employed and performing job duties during the accident. Employers might argue that you were self-employed or a freelancer rather than a full-time employee, potentially affecting your eligibility for benefits.
- Documenting Your Injuries: Evidence of your injury is necessary for filing a workers’ compensation claim. It is essential to see a doctor promptly to have your injury correctly diagnosed. Delaying medical attention can make it harder to prove the injury was work-related.
- Determining Fault: In a workers’ compensation lawsuit, you and your attorney must demonstrate that your employer could have taken measures to prevent your injury. Employers should:
- Provide proper training
- Supply safe tools
- Properly dispose of harmful chemicals
- Repair dangerous workspaces
- Remove slipping and tripping hazards
- Provide necessary safety equipment
- Maintain and care for vehicles
- Adhere to Occupational Safety and Health Administration (OSHA)guidelines
If a work-related injury leads to an employee’s death, family members have the right to file a workers’ compensation lawsuit against the employer. This can include seeking financial benefits for survivors and compensation for burial costs.
Differences Between Workers’ Compensation and Personal Injury Claims in Louisiana
If there is evidence that your employer contributed to your work injury, you can file a personal injury claim against the company. However, you forfeit the right to sue your employer once you accept a workers’ compensation settlement. Personal injury claims can result in more compensation than workers’ compensation, including damages for pain and suffering. The downside is that you or your attorney must prove negligence by another party, which caused your work-related injury. The responsible party in a personal injury claim could be your employer, a contractor, a product manufacturer, or another entity.
Can You Sue Your Employer for Denying Workers’ Compensation?
Typically, you cannot successfully sue your employer for denying your workers’ compensation claim. Employers are required to cover employees’ injuries, regardless of fault. In exchange, they are generally protected from liability.
Is It Worth Getting a Workers’ Compensation Attorney?
Hiring a workers’ compensation attorney can be particularly beneficial in certain situations, especially when disputes arise. This includes cases where:
- Your injuries necessitate a long-term or permanent absence from work.
- You have serious injuries requiring extensive medical treatment.
- The relationship between your injury and job duties is unclear.
Whenever you have questions or concerns, consulting a Louisiana attorney is advisable. The team at Morris Bart has the experience and legal knowledge to provide valuable insights into your situation. We are committed to helping you pursue the highest possible workers’ compensation in Metairie.
Contact Our Metairie Workers’ Compensation Lawyers Today
If you’ve suffered an on-the-job injury in Jefferson Parish or anywhere in Louisiana, you can seek compensation for medical bills, pain, and suffering. At Morris Bart, we understand how confusing this process can be and are ready to help you explore your options.
When you hire us to represent your workers’ compensation claim, we will immediately begin working on your behalf. We tackle even the most challenging cases and navigate the complexities of any viable workers’ compensation claim. Contact us online or call (800) 537-8185 today for a free case evaluation in Metairie.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
