New Orleans Workers’ Compensation Attorney
Louisiana workers are protected by various state and federal workers’ safety laws intended to keep workplaces safe and free from hazards. If you work in Louisiana and were injured on the job, you may apply for workers’ compensation, which employers are required to provide under state law. If you were injured on the job, our experienced New Orleans workers’ compensation lawyers can help you to apply for workers’ comp and meet all of its requirements, so you can receive the full amount of compensation you are due.
At the Law Office of John W. Redmann, L.L.C., in Gretna, Louisiana, we assist injured workers in New Orleans and across Louisiana in all matters relating to workplace accidents and injury compensation.
Workers’ Compensation Resources:
- Common workplace injuries
- What are my expenses after an accident?
- What does workers’ compensation cover?
- How much can I get in workers’ compensation benefits?
- How do I file a claim?
Do You Need a New Orleans Worker’s Compensation Lawyer?
Employers in New Orleans are all too often responsible for injuries to employees. It is an employer’s duty to maintain a reasonably safe workplace. It is also the employer’s duty to hire and train prudent workers, as well as to provide proper safety gear. If your employer breached a duty of care to you, resulting in your injury accident, you may have grounds for a lawsuit instead of a workers’ compensation claim. If a third party, such as a product manufacturer, caused your injuries, you may have grounds for both types of claims.
A New Orleans workers’ compensation lawyer can review your case and let you know whether you should file for workers’ compensation, a personal injury lawsuit, or both. Our New Orleans injury attorneys can then take over the insurance claim process, along with settlement negotiations, on your behalf. Your attorney will make sure you do not miss any important deadlines or filing requirements in Louisiana. The law firm can also cover medical bills and other expenses while your case is underway. Hiring an workers’ compensation attorney could be the best thing you do for your injury case.
Do not let your employer’s workers’ insurance provider take advantage of you or your family. Hire a New Orleans workers’ compensation attorney to negotiate with an insurer for you, and rest assured someone will be fighting for maximum compensation. The amount you receive could provide financial stability for you or your family for years to come. Give yourself the best odds of success by hiring a lawyer with experience in the area to represent your claim.
Examples of Workplace Injuries
Workplace injuries can take many forms. Some injuries are more common in certain industries. Transportation accidents, for example, are the most common fatal accidents in construction. Repetitive motion injuries are most common in assembly line and manufacturing company settings. Back and neck strain injuries are common in warehouses. If the injury occurred while the employee was performing work-related tasks, the injury could qualify for workers’ comp.
- Falls from heights or slip/trip and falls on flat surfaces
- Getting caught in-between machinery
- Vehicle and transportation accidents
- Exposure to hazardous substances
- Thermal, chemical, electrical, or radiation burns
- Fire and explosion injuries
- Repetitive motion or overexertion injuries
- Injuries from defective products
Injured workers in New Orleans could suffer burns, broken bones, traumatic brain injuries, back and neck injuries, spine injuries, chemical exposure, and serious illnesses from workplace incidents. Workers’ compensation covers any injuries that occur during job-related tasks. Injuries to any part of the body may qualify for medical reimbursement through the workers’ comp system.
Expenses After a Workplace Injury
A workplace injury could cause temporary or permanent disability. It could change an employee’s life forever, as well as affect his or her family. Most of all, a workplace injury could impose unexpected expenses on the injured worker, through no fault of his or her own. The workers’ compensation system aims to reimburse employees for various injury-related expenses.
- Past and future medical expenses
- Price of transportation to and from the hospital
- Costs of prescription medications
- Costs of surgeries and treatments
- Price of rehabilitation therapies
- Cost of live-in or nursing care
- Costs of medical devices
- Lost wages and future earning capacity
- Lost promotion or raise opportunities
- Property damage expenses
- Funeral or burial expenses
- Lost inheritance
A workplace injury could cost an employee thousands of dollars over a lifetime. In Louisiana, a workers’ compensation claim will only result in payment for two-thirds lost wages and reasonable medical costs. To receive compensation for full lost wages, pain and suffering, medical bills, punitive damages, and all other related losses, a worker would need to reach out to a New Orleans workers’ compensation lawyer to file an injury claim against the employer or another negligent party.
What Does Workers’ Comp Cover?
Although the Louisiana Office of Workers’ Compensation administers workers’ compensation claims, it does not pay benefits. Rather, your employer — or if you are self-employed, your workers’ compensation insurance carrier — is for paying the benefits.
If you were injured on the job, workers’ compensation in many cases should cover your injury-related medical bills and your lost wages until you can return to work. It also covers rehabilitation services. If you die, it pays certain benefits to your survivors.
How Much Are Workers’ Compensation Benefits?
If the OWCA approves your workers’ compensation claim, it will offer a settlement amount to cover your damages. You will receive a check for your damages within two weeks of the OWCA approving the claim. The amount the administration offers depends on your injuries, health, and wages.
- Temporary disability benefits. If you have to take more than seven days off of work because of your job-related injuries, you will be eligible for temporary disability benefits. You will not receive payment for the first seven days, however, until you miss more than 14 days of work. Temporary disability benefits equal two-thirds of your weekly wage. However, they will cap at a weekly maximum of $665 in 2019.
- Permanent partial disability benefits. If you have permanent disabilities that do not render you totally disabled (such as the loss of one eye or one hand), you may be eligible for two-thirds your weekly wage for a temporary amount of time. The state will determine a schedule for benefits depending on your injury.
- Permanent total disability benefits. If at the point of maximum medical improvement you have permanent disabilities that totally take away your ability to work, you will receive weekly payments of two-thirds your average weekly wage (up to the state cap) for as long as your disability continues.
- Supplemental earnings benefits. If your injuries are enough to force you to take a different, lower-paying job, you may qualify for supplemental earnings workers’ compensation. This could equal two-thirds of the difference between what you used to earn and what you earn now, for a maximum of 520 weeks.
Workers’ compensation benefits will also pay for all necessary medical treatment relating to the injury, mileage reimbursement, vocational rehabilitation, death benefits, and funeral expenses in Louisiana. It will not pay for pain and suffering, property damages, or punitive damages. If you have grounds for a personal injury claim, however, you could still recover these damages with the help of a New Orleans workers’ compensation lawyer.
How Do I File a Workers’ Comp Claim in Louisiana?
To receive workers’ compensation benefits for a workplace injury in Louisiana, you have to file a claim within the state’s deadline. Starting the process takes reporting the accident to your employer. Workers’ compensation laws require you to notify your boss, supervisor, or another authority of your work-related injury as soon as possible, but not longer than 30 days after the incident. Failing to notify your employer of the injury within 30 days could mean losing your right to workers’ comp.
Next, you or your employer will file a First Report of Injury with your employer’s workers’ compensation insurer. This form requests details of the accident, injuries, and treatments administered. It must go to the insurance company within 10 days of the injury. If your boss does not file the report for you, you may do so instead. Filing the First Report of Injury will initiate your workers’ compensation claim in Louisiana.
Upon receiving your report, the insurance company will notify the Office of Workers’ Compensation Administration (OWCA) to review your claim. The OWCA will take a look at your medical records, injury-related work restrictions, wage history, education, and other factors. It may also request a medical examination with a specific physician. The OWCA will make a decision either to accept or deny your claim within a reasonable time period.
Should the OWCA deny your workers’ compensation claim, you have the option to appeal the decision. You have one year from the date of your injury to file an appeal regarding a claim to medical or lost wage benefits (or within three years of a final benefits payment). A mediation conference may clear the matter up without having to take the insurance company to court. Reaching a settlement can be easier with help from an attorney.
Our New Orleans Workers’ Compensation Lawyers Can Help
We can also help you if a third party that is not your employer injured you while you were on the job. Such damages are not covered by workers’ compensation, but can be recovered through a personal injury lawsuit. These parties can include negligent property owners, contractors and subcontractors, each of which may be partly or fully responsible for a worker’s injuries and damages.
As part of our investigation into your case, Our New Orleans workers’ compensation attorneys can identify negligent parties and determine the degree to which each party is liable. We consider it our mission to hold each negligent party accountable for paying its share of your medical bills, lost wages, rehabilitation expenses and other costs resulting from your injuries.
Get Back on Your Feet, Get Back On Track
Contact our personal injury law firm, and we can evaluate your circumstances and explain your options for workers’ compensation and third-party claims. We can also represent you in any administrative hearings if an employer disputes your workers’ compensation claim, as well as in a lawsuit seeking damages against a third party. We are tough negotiators and tenacious courtroom litigators.
The Law Office of John W. Redmann, L.L.C., has the experience and knowledge to help you obtain the compensation you need. For more information or to schedule a free initial consultation with a New Orleans workers’ compensation attorney, call us today at (504) 500-5000 or feel free to contact us online.
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