Louisiana is a no-fault state when it comes to workers’ compensation benefits. What this means is that most employees can seek compensation for injuries on the job through their employer’s insurance company. In most cases, a lawsuit will never be filed, but there are situations in which taking legal action will be essential for getting full benefits.
Keep reading to learn more about when to file a lawsuit for a workplace accident and what benefits you may be owed.
Under Louisiana’s workers’ compensation system, workplace injuries are covered by workers’ compensation, regardless of fault. That means that you won’t need to prove that your employer was responsible for your accident. It also means that you typically will not need to file a lawsuit to get coverage from your employer’s workers' compensation insurance carrier. However, there are cases in which filing a workers’ compensation lawsuit in New Orleans may be necessary:
In these cases, it’s important to get help from a Louisiana workers’ compensation law firm to protect your rights to a fair settlement.
Under Louisiana law, there is a time limit on the workers' compensation process when it comes to filing a claim. You will have one year from the date of your injury in which to file a workers’ compensation claim for benefits, with some exceptions. If your injury was not diagnosed until some time later, your time limit may start on that date. For some workers’ comp cases, the one-year time limit may begin at the date of the late payment of benefits.
For help determining how long you have to recover compensation for injuries occurring at work, reach out to a New Orleans workplace injury lawyer.
Through a workers’ compensation claim, New Orleans employees are owed the following types of benefits:
Keep in mind that workers’ compensation claims do not guarantee pain and suffering damages. If you plan on seeking compensation for things like emotional distress, physical pain, and Post-Traumatic Stress disorder, you should talk to a workers’ compensation attorney about your legal options.
Punitive damages, or damages paid in order to punish employers for extreme wrongdoing, are also typically awarded through legal action, not a claim.
Wage benefits typically include coverage for two-thirds (roughly 67%) of a worker’s average weekly wage for lost income. Your eligibility is determined once you’ve reached maximum medical improvement, and is separated between permanent disability, temporary total disability, and temporary partial disability, as well as supplemental earning benefits:
From broken bones and other traumatic injuries to occupational illnesses like respiratory diseases and skin conditions, if you’re injured at work, benefits should be available for your medical expenses, lost wages, and any needed rehabilitation. If you’re having any kind of trouble getting the coverage you need, you should consider getting help from an attorney.
Here at the Cardone Law Firm, we pride ourselves on helping injured workers get fair benefits through the workers’ comp claim process. You can reach out for your free case evaluation from our capable New Orleans workers’ compensation attorneys.
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