What is Workers’ Compensation?
Worker’s compensation is the legal situation that arises when an employee is injured on the job and is entitled to benefits. These benefits are typically things like medical care, lost wages, voc rehab, and death benefits in the event the worker has died. Under Louisiana law, unless specifically exempted, every employer is obligated to pay for medical care and lost wages to employees injured on the job.
Who is covered under Worker’s Compensation?
The majority of Louisiana’s employees are covered for worker’s compensation the day they start working for an employer. This includes full-time, part-time, minors under the age of 18, and seasonal workers. Independent contractors and subcontractors may be considered employees, but that depends on their individual employment circumstances.
There are some types workers who are not entitled to worker’s compensation:
- Real Estate Salespeople
- Domestic employees
- Volunteer Workers
- Public Officials
- Uncompensated Workers of non-profit organizations
When should I talk to a lawyer?
If your workplace injury is minor and your employer is cooperative, quite often there is no need to get a lawyer involved. However, not all cases are that simple. If you encounter any type of complexity in your claim, you will want to consider contacting a law office.
The worst case scenario is that you experience retaliation for filing a worker’s compensation claim. This might be in the form of losing hpours at work, being demoted, being fired, or other types of harassment at your workplace. If you are experiencing this following filing a claim, you should contact an attorney as soon as possible.
If your claim is flatly denied or you do not receive your worker’s comp benefits promptly, it is best to contact an attorney. Some employers will deny most claims to save money or hoping people will give up and not challenge decision with an appeal.
Sometimes work related injuries are so severe that you cannot return to your same job or return to work at all. These types of cases are very expensive for employers and insurance companies. An experienced lawyer can help you decide what is best for you and your circumstances and make sure you are compensated with your permanent injuries in mind.
Worker’s Compensation Lawyers
The Law Offices of L. Clayton Burgess is skilled with and experienced in worker’s compensation cases. Even if you are unsure if you want to file claim outside of the worker’s compensation system, it is vital to speak to an experienced attorney. They will have the knowledge to know what type of medical services and compensation you should receive for your injury.
Sometimes what appears to be a mild injury can have very far reaching effects or unexpectedly becomes much worse over time. You might end up with unexpected medical expenses for months or even years. Your estimated recovery time might be much longer than anticipated by your worker’s compensation claim. Your livelihood and the lives of your family will be affected in unforeseen ways. Please consider working with our staff so that these unpredictable outcomes do not happen to you. Don’t Delay, Call Clay!