If you or a loved one has been injured on the job, you may be entitled to seek compensation under the work comp system. If you are injured on the job, work comp benefit owes you, which includes a portion of your wages and medical benefits. If you have been injured and are not receiving these benefits, or are being under compensated under the work-comp rules, you need to speak to an attorney. You may a right to action that allows you to receive additional compensation greater than allowed under the work-comp rules, depending on the facts of your case. An attorney can determine what rights you have under that scenario.
If you or people you know have been injured on the job, you may be entitled to worker's compensation benefits, if your employer is a subscriber to the worker's compensation act. The worker's compensation law prior to January 1991 was based on a person's loss of earning capacity. In 1991, the law changed and addressed losses in terms of impairment ratings. You may also have a so-called "third party suit" against a negligent or legally responsible party who proximately caused your injury. Examples of these claims are workers injured by defective products or workers injured by workers of another employer. If you have or think you may have a third party suit, you should consult with an attorney at the early possible moment as such cases can be bared by statute of limitation if the suit is not timely filed. Also third party cases generally require considerable investigations. You may have been injured while working for an employer who does not carry worker's compensation insurance, in which case you should contact an attorney to discuss any negligent action against your employer.
On the job injury is a bit broader than most people might assume. An on the job injury is not regulated to a fall or major mishap. Repeated work required motions can create a injurious condition too. For example, an employee who works at a computer all day may develop carpel syndrome, a condition affecting the hands, fingers and wrists. Workers compensation covers practically any injury determined to have occurred in the course of employment. Whether the injury occurs in the workplace or outside the workplace while performing a function of employment. As with all worker's compensation concerns, state rules, regulations and definitions vary from state to state, often drastically. It is recommended that an injured employee notify their employer and their local worker's compensation agency as soon as possible after a work-related injury.
A part-time or full-time employee typically qualifies for worker's compensation coverage; however worker's compensation rules and regulations differ from state to state, often drastically. Some states have ruled that a small company with few employees to abstain from offering worker's compensation. For the most part, independent contractors are not eligible for worker's compensation. However independent contractors are occasionally improperly classified as such and may actually be entitled to worker's compensation benefits. It is recommended that any employee that becomes ill or is injured on the job contact a local worker's compensation agency to determine if worker's compensation
is available.
Workers compensation is a system designed to compensate you if you are injured or become sick at work. It acts in place of a lawsuit against your employer. Instead of suing your employer which costs both employers and employees a lot of time and money. The worker's compensation system was developed to promptly compensate employees who are injured and save employers from having to pay vast some money in damages to injured employees. For a temporary disability employees are entitled to lost wages and medical bills. If the injury is permanent, employees are entitled o a lump sum payment. Under many state workers’ compensation laws, injured employees are not entitled to the entire amount of their regular salary while off work due to a work-related accident. Income benefits while temporarily disabled and off work are generally computed at two-thirds of your gross average weekly wage. However the State laws generally set a maximum weekly wage that is used in computing your income benefits. The maximum wage set by state law is usually dependant on the date of your injury. It is important that you have a full understanding of the worker's compensation law in the state where you work as laws vary from state to state.
Worker's compensation benefits include various medical benefits that pay for the medical care necessary to treat a work-related injury or illness. The employer's worker's compensation insurance company pays medical benefits directly to the doctor or health care provider who treats the injured worker. Medical benefits pay for any medical treatment that is reasonable and necessary to treat a work-related injury or illness. Medical benefits pay only for the treatment of work-related injuries and illnesses. They do not pay for other injuries or illnesses, even if the treatment was provided at the same time as the treatment of the work-related injury. An injured worker may receive reasonable and necessary medical attention immediately after the injury or illness. The worker may choose the doctor but the doctor must be on the list of doctors approved by the worker's compensation commission. An injured worker may continue reasonable and necessary medical care to treat a work-related injury or illness without any specific time limit.
In the event of an on-the-job injury or job-related illness, the injured or ill employee is provided with worker's compensation. A reimbursement that results in lost wages and medical expenses. If an employee is killed on the job, worker's compensation sometimes provides benefits to surviving dependants. Worker's compensation funds come from insurance premiums paid by the employer or directly from the employer if the employer elects to assume responsibility for paying worker's compensation claims. Basically, worker's compensation provides a swift and private way for employees and employers to resolve situations involving on the job injury or illness. However, worker's compensation regulations and claim procedures vary from state to state.
Workers’ Compensation regulations are state-based insurance programs that handle claims from workers who are injured on the job or suffer work-related diseases or illnesses. Most work injuries are minor, and workers are happy to return to jobs after short recoveries. When an illness or injury is severe, however, an employee may be disappointed by any of three reactions to his or her workers’ compensation claim:
- An insurance carrier refuses to grant benefits to which the worker is entitled. Carriers may downplay an illness’s seriousness or contend there was very little injury.
- A doctor declares him or her eligible to return to work even though the employee still feels ill or is hurt. Physicians referred by employers may not have workers’ best interests at heart.
- The insurance carrier denies extended benefits or permanent disability benefits even though the worker has suffered a seriously disabling illness or injury.
When sick or injured workers discover that their employers’ knowledge of workers’ compensation laws puts them at a significant disadvantage, they should seek the counsel of experienced attorneys to obtain fair benefits.
Thousands and thousands of American workers are injured on the job every day.
In fact, according to the Bureau of Labor Statistics, 4.7 million nonfatal workplace injuries and illnesses were reported during 2002.
Many workplace injuries could be prevented if manufacturers designed machinery and other equipment with high safety standards in mind, and businesses required all machinery to be operated as instructed.
For a worker severely injured on the job, workers’ compensation is often a key source of financial support during recovery and rehabilitation. A workers’ compensation program is a state operated and -guaranteed insurance plan that covers medical bills and replaces lost wages for employees.
But many workers’ compensation programs limit benefits for seriously injured employees. Most replace, at maximum, only two-thirds of salary, exclude fringe benefits, and may be capped for cost-of-living adjustments. Workers’ compensation also usually offers no or little compensation for pain and suffering.
Seriously injured workers face other restrictions as well. Workers’ compensation benefits may be cut or ended if the worker is judged to still be able to earn money. Employers may also require a worker to take additional medical and vocational examinations to assess the extent of disability and lost earning power.
Other ProtectionsInjured workers, confronted by restrictions imposed by workers’ compensation plans, can seek legal counsel, which can sometimes identify other sources of financial compensation and recovery equal to the cost of the employee’s injuries. In some cases, investigating the accident scene and talking to witnesses can lead to third-party claims for compensation.
Our lawyers understand Louisiana workers' compensation insurance laws and procedures, and we have handled a wide range of claims successfully. A greater strength of our experienced Baton Rouge attorneys, however, is investigation of on-the-job accidents and adverse conditions to determine if a lawsuit against a third party — someone other than your employer — is warranted.
If you have been seriously injured on the job — by unsafe or poorly maintained equipment, for example, or in an industrial accident — we encourage you to contact us for a free consultation and case evaluation. We will treat you with compassion and strive to offer solid legal guidance gained through decades of experience.
Workers' Compensation May Not Be Your Only Source of Financial RecoveryIn a wide range of construction site, manufacturing plant and other work environments, numerous companies other than a worker's "statutory employer" may have a major impact on safety and risk factors. We bring this awareness to each discussion with a client who is uncertain whether legal action other than a workers' compensation claim might be appropriate.
We strive for what is just and achievable under the law, fully recognizing that money cannot replace the love of a family member lost in a wrongful death or erase the trauma of having been seriously hurt in a work accident. However, our efforts on your behalf may help you:
-Pay medical bills and many expenses associated with physical recovery and needed rehabilitation
-Replace wages and income lost due to your inability to work or a loved one's disabling injury or wrongful death, enabling you and your family members to move forward with a less severe financial burden
-Begin to put anger and emotional pain behind you and regain peace of mind
Proven Resources Focused on the Facts and a Positive OutcomeWorking with a range of investigators, industry-specific experts, rehabilitation specialists and economic professionals, we work to hold those truly liable for your injuries accountable and position your case for a financially significant outcome in your favor.
Insurance companies and defense attorneys throughout Louisiana are aware of our personal injury litigation track record, as well our reputation for integrity. In many situations, solid case preparation and willingness to go the distance proves a tremendous asset for our clients. To discuss your on-the-job injury and whether you may have a claim worth more than workers' compensation can provide, please contact us now.
Contact our office today for a free consultation.Return to the Personal Injury Guide