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Workers’ Compensation Process
Do You Qualify for Workers’ Compensation?
If you were injured at work, you may be entitled to workers’ compensation, a form of insurance that is purchased by your company or employer designed to provide you with financial compensation for any injuries you obtained while at work. Talk to workers’ compensation lawyer Phillip M. Hendry today to see what benefits you may be entitled to receive.
Do You Qualify
Types of Injuries that Qualify for Workers Compensation
Understanding The Workers’ Compensation Process
Frequently Asked Questions
What is a workers’ compensation claim in Louisiana?
It is a legal claim you can make against your employer and their workers’ compensation insurance carrier if you are injured as a result of an accident while at work. The accident must be an identifiable event. However, there are some injuries that may not be caused by a specific identifiable event but are related to a particular trade or occupation. In certain occupations, conditions like carpal tunnel could result in a workers compensation claim.
How do I start a Louisiana workers’ compensation claim?
You should immediately report any accident, injury or occupational disease to your employer. Your employer should report this to their workers’ compensation insurance carrier, which should start an investigation into your claim. If your employer or their insurance company do not respond to your report within a short time, you should seek out the services of an experiences workers’ compensation attorney. Such an attorney can contact the employer and insurance company and if necessary, can file a lawsuit with the Louisiana Office of Workers’ Compensation..
Do I need an attorney to represent me in my Louisiana Workers’ Compensation Claim?
This will depend on the circumstances of your particular accident and injury and how you are being treated by your employer and their insurance company. If they are approving and timely paying for your medical treatment with your choice of physician and you have a minor injury that does not require you to be off of work, an attorney may not be necessary. If you have a more serious injury requiring you to be off work or if you are experiencing delays in approval for treatment, unpaid medical bills, late indemnity benefit checks or receive notice that your benefits are in jeopardy of being reduced or terminated, you should consult with an experienced workers’ compensation attorney.
I offer a free consultation to evaluate your case to determine if you are being treated fairly by your employer and their insurance company and if you are receiving all of the workers’ compensation benefits you are entitled to according to the Louisiana Workers’ Compensation laws. Call my office today to schedule your consultation.
Do I need to hire an attorney to settle my Louisiana workers’ compensation case?
You are not required to hire an attorney to settle your workers’ compensation case. However, I strongly advise you to at least consult with one before settling your case. Some of the important issues to address when considering what is a fair settlement are as follows:
- An accurate workers’ compensation rate
- Permanent physical or mental restrictions as a result of your injury
- The physical and mental demands of your job of injury
- Vocational rehabilitation efforts
- Cost of lifetime future medical treatment
- Do you have Medicare or will you within 30 months of settlement?
- Have you applied for or receiving Social Security Disability?
I offer a free consultation to review these factors and others to discuss the role they play in a Louisiana workers’ compensation settlement. Call my office today to schedule your consultation.
Can I get pain and suffering for my Louisiana workers’ compensation injury?
In general, Louisiana workers’ compensation benefits provide medical treatment and lost wage benefits. Unfortunately, compensation for pain and suffering damages is not provided.
The benefits provided for a Louisiana workers’ compensation claim include:
- Medical treatment. If you were hurt on the job, you are entitled to medical treatment with your choice of physician in any field or specialty that is considered reasonable and medically necessary considering your injury. What is reasonable and medically necessary is listed in the Louisiana Medical Treatment Guidelines. These guidelines list specific treatment that is recognized as reasonable and necessary for certain conditions. However, the treatment must be preauthorized and approved by your employer’s workers’ compensation insurer. Your employer’s workers’ compensation insurance carrier should pay for such preapproved treatment, which would include doctor appointments, hospitalizations, surgery, therapy and prescription medicine. You are also entitled to mileage reimbursement for travel related to medical treatment.
- Lost wage benefits. If you’ve been unable to work for at least fourteen (14) days as a result of your accident and injury, you may be entitled to weekly income benefits of two-thirds of your average weekly wage. (maximum of $688 as of 2020). These benefits are called temporary total disability benefits. If you are able to return to work but your income is sufficiently reduced by the injury, you may be eligible for supplemental earnings benefits. Depending on the circumstances of your injury, these two types of benefits may continue for up to 520 weeks. If you are permanently and totally disabled, such payments can be paid for life.
- Vocational training. If your injury prohibits you from performing the job you used to do, workers’ compensation can help you finding other work.
- Death benefits. If you die as a result of a work injury, your family may be entitled to recover death benefits and funeral expenses. This would typically involve a surviving spouse and minor dependent children. However, if unmarried and have no children, your other family members, such as parents or siblings may be entitled to death benefits.
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Mr. Hendry did a great job with my case, very friendly people, easy to talk to, very understanding. I am well pleased with his work and will definitely call on him again if the need arises. I would highly recommend him.
Mr. Hendry and his team were nothing but super professional, very explanatory I was not left out of the loop on anyting, and they care about you as a person and a client!!! If you’re looking for help where you actually can call, or go and speak to a real person, and get answers, this is the place to be!!!
We highly recommend Mr. Hendry, Attorney. Mr. Hendry has a vast understanding of the law. He uses this knowledge to help his clients navigate the inquiries of all the rules and regulations. He is compassionate and can quickly grasp the problems and their solutions. Very good attorney, you’ll be in good hands.
Mr. Hendry took on my disability hearing which was a very difficult situation as all odds were against me due to my age and my illnesses not being physically visible. It was a very stressful and long road but with his help he gave me security throughout the process and helped calm my nerves and assured me I had medical evidence to support my case and not to worry. Well he was right, as I found out today we won my case even with all the odds stacked against me. He knows the law, he is very professional and makes a person secure in knowing his 3o years of experience helps calm doubts in someone like me. He is a honest person and states facts and does not play the guessing game like some attorneys do. He came highly recommended to me when my disabilities prevented me from working and I am so pleased went with Mr. Hendry and I highly recommend him to anyone out there needing disability or any type of legal injury assistance. He helped me win a very difficult disability case with my first try. No long appeals had to happen. My life now feels like a huge burden has been relieved off of me thanks to Mr. Hendry.
I highly recommend Mr. Phillip Hendry to anyone needing legal representaion. I started my social security disability case on my own and once I appealed it, the stress got to be overwhelming. Hiring Mr. Hendry was the best decision I made to help me with my case. He puts you at ease and prepares you for what to expect when you appear at you hearing. He knows how to ge the job done as I got approved. I truly appreciate all that he did for me.
Social Security Disability: Louisiana, East Texas (including Marshall, Tyler, Longview, Texarkana and surrounding areas) & Southwest Arkansas (including Texarkana, Magnolia, El Dorado and surrounding areas)