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..

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.

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:

1. An accurate workers’ compensation rate
2. Permanent physical or mental restrictions as a result of your injury
3. The physical and mental demands of your job of injury
4. Vocational rehabilitation efforts
5. Cost of lifetime future medical treatment
6. Do you have Medicare or will you within 30 months of settlement?
7. 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.

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.