The maximum payout for workers’ compensation wage loss benefits under La. Rev. Stat. 23:1202 is 75 percent of the statewide average weekly wage. According to the Louisiana Workforce Commission (LWC), this is set by the date your injuries occurred. The maximum weekly benefit for workers injured on or after September 1, 2021, is $743. For those hurt in the previous year, the maximum is $705.
In many cases, asking “what is the highest workers’ compensation in Louisiana?” does not matter because your average wages determine your benefit amount. You should receive about two-thirds of your average wages from a workers’ compensation claim. Only if this is above the mandated maximum will you receive the highest benefit.
How does the Workers’ Compensation Insurance Benefit Process Work?
Workers’ compensation should pay wage replacement benefits when an employee gets hurt and cannot work. This includes when an employee suffers:
- A jobsite injury
- A work-related illness
- A chronic use injury linked to work
Workers’ compensation is available to full-time, part-time, and seasonal employees from their first day of work. Wage loss payments are available if the injured employee misses more than a week at work. For example, they can receive payment for this initial seven-day period if they miss two weeks from work because of their injuries. This is called a “waiting period.”
The payments they receive are generally Temporary Total Disability (TTD) at this point. They cover two-thirds of the workers’ usual weekly wages, up to the benefit maximum. As their injuries heal, they may qualify for other types of wage-loss benefits instead. This could include:
- Permanent Total Disability (PTD)
- Temporary Partial Disability (TPD)
- Permanent Partial Disability (PPD)
Other Benefits Included with Workers’ Compensation
Wage loss benefits are only one type of help provided under the state’s workers’ compensation laws. This insurance also covers treatment for your work-related injury or illness. Vocational rehabilitation may also be available. If you sustain permanent injuries, you could also qualify for additional benefits through Social Security Disability Insurance or another program.
Death benefits are also awarded to families who lost a loved one in an on-the-job accident.
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How do I File a Claim for Workers’ Compensation in Louisiana?
Under the Louisiana Workers’ Compensation Law, most workers in the state have coverage from their first day at work. This includes all full-time, part-time, and seasonal workers at a covered workplace. In some cases, independent contractors may also have coverage.
The first step you should take is to report your injury to your supervisor. If you miss more than a week at work, by law, they have only ten days to report the injury to the workers’ compensation insurance provider. They do this by submitting a “First Report of Injury or Illness” form to the Office of Workers’ Compensation (OWC).
This begins the claims process. If they fail to submit this form or deny your injuries occurred at work, a workers’ compensation law firm may be able to help.
What Are Some Common Issues that Could Affect My Workers’ Compensation Claim?
Several common issues can occur when injured workers file a claim based on their workplace injury or illness. They include:
Your Employer does Not Accept Liability
In some cases, employers will deny that the injuries or illness occurred because of the job. When this happens, they may not submit the proper paperwork or deny all liability in the case.
Your Claim Received a Denial
If there is not strong support to document what happened and how your injuries occurred, the claim may not receive approval. However, you can appeal a claim denial and fight to get benefits.
They Miscalculated Your Benefit Amount
In some cases, you receive approval, but your wage loss benefits are much lower than you expected. This could be because they missed some types of your income, such as commissions, miscalculated your income, or other issues.
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How Can a Workers’ Compensation Lawyer Help with My Claim?
In any of these situations, your best line of defense is to let a New Orleans workers’ compensation attorney handle your appeal or take action to move your claim forward. They will be able to assess what happened and your available options for getting the benefits you deserve.
Most provide complimentary case reviews and work based on contingency. However, there are also legal limits on how much they can charge to manage workers’ compensation cases.
Morris Bart, LLC Will Review Your Workers’ Compensation Case for Free Today
The Morris Bart law firm may be able to help you get the workers’ compensation benefits you need and deserve based on your work-related injuries and the details of your case. We have Louisiana locations in New Orleans, Alexandria, Baton Rouge, Monroe, Lafayette, Shreveport, and Lake Charles. We serve all areas of the state.
Call (800) 537-8185 now to speak with a member of our legal team about your available options after an on-the-job injury.
Questions?Call (800) 537-8185
to find a Morris Bart office near you.
