What Is Workers’ Compensation?

Workers’ compensation is a legal remedy whereby an employee who is injured on the job may be entitled to certain benefits, including medical care for their injury, indemnity benefits for their lost wages, costs of transportation to and from their medical care providers, rehabilitation services, and/or death benefits. These are obligations that an employer will have when an employee is injured on the job. Worker’s Compensation is the exclusive remedy that the employee has against their employer and/or co-workers, for most on the job injuries.

Who Do You Represent In Workers’ Compensation Cases?

For the Over past 39 years, I have exclusively represented injured employees in workers’ compensation cases; I have always represented the injured worker when it becomes necessary to file a worker’s compensation claim against their employer and/or the employer’s worker’s compensation insurance company.

Does Workers’ Compensation Only Cover Injuries Or Does It Also Cover Long Term Illnesses?

Workers’ compensation covers injuries and long-term occupational diseases. For example, carpal tunnel syndrome is a long-term ailment that results from repetitive stress injuries and is covered by workers’ compensation in Louisiana. Respiratory problems resulting from working in dusty conditions or around fumes and vapors are also compensable by workers’ compensation in Louisiana.

What Types Of Injuries May Not Be Covered By Workers’ Compensation?

Pre-existing conditions, injuries resulting from horseplay or physical fights in which the claimant was the aggressor, and injuries that occur while the employee was intoxicated or under the influence of drugs, would not be covered by workers’ compensation. Also, if the employee fails to use proper safety gear that the employer furnishes and requires to be worn by its employees, and is injured, that injury may not be compensable. An example would be if the employer furnishes and requires the use of safety goggles while grinding on steel pipe, and the employee fails to wear the goggles. If a fleck of metal hits the employee in the eye and requires medical attention and time off from work, the employer and their insurance company will likely deny that claim. Also, the injury must have occurred in the “course and scope of employment”. Furthermore, the injury must have occurred during working hours, and be related to the work that the employee performs for their employer. Normally, an employee driving his personal vehicle to and from his home and his workplace, would not be considered in the “course of employment” if they get into an accident. However, there are exceptions to this general rule, and that is why it is helpful to discuss your case with an attorney that is experienced in handling worker’s compensation cases.

Who Is Potentially Liable In A Workers’ Compensation Case?

The employer and their insurance company will be liable in a workers’ compensation claim that occurs within the “course and scope” of employment. These are the parties responsible to pay to the employee their indemnity/wage benefits, and to pay for the employee’s medical expenses. However, if there are other parties involved in causing the employee’s injuries, then the employee may also be able to pursue a personal injury claim against these other parties.

What Are The Most Common Types Of Workers’ Compensation Cases That You See?

In my experience, workers’ compensation claims involving injuries to the lower back are one of the most common injuries that occur in the work place. These can be the result of lifting items or slip and fall accidents. I also see cases that involve serious cuts and lacerations, burns, broken bones, and also knee injuries.

Are All Employers Required To Carry Workers’ Compensation Insurance?

If an employer does not carry workers’ compensation insurance, then they must post a bond in order to prove that they will be able to pay claims. Most companies have workers’ compensation insurance, but some government employers such as the state, cities, or parishes are allowed by statute to be self-insured.

What Components Do You Look For In A Viable Workers’ Compensation Case?

In order for a workers’ compensation claim to be viable, the injury must have occurred on the job while the injured party was acting within the course and scope of their employment. The seriousness of the injury will also play a role in the viability and value of a workers’ compensation claim. For example, a small cut on the finger would be unlikely to cause an individual to miss time from work, and may not be worth pursuing as a claim unless it could leave a significant scar. However, employees should report all injuries to their employer, in case they turn into something more serious over time. It is best to have all injuries reported to the employer, and that way it is documented in case there is any questions about the accident and injury in the future. Workers’ compensation claims for serious injuries will provide employees with indemnity benefits after they have missed seven days of work.

Are Cases Involving Repetitive Work Injuries More Difficult To Prove?

Workers’ compensation cases involving repetitive work injuries can be more difficult to prove. The level of difficulty will primarily depend on whether or not the treating physician attributes the injury to the patient’s work activities. For example, if a carpenter who uses a hammer every day develops carpal tunnel syndrome, then a physician would likely attribute it to the nature of that individual’s work. It is always important for the employee to provide to their physician a complete history of the work they have performed, and when did they started to have symptoms from the injury.

What Is The Statute Of Limitations For Filing A Workers’ Compensation Claim In Louisiana?

The general prescription (statute of limitations) for filing a workers’ compensation claim in Louisiana is one (1) year from the date of the injury. If the injury is a developmental type disability, then the prescription is one (1) year from the development of the condition but not more than two (2) years from the accident. Also, if any disability benefits other than Supplemental Earnings Benefits were paid, the employee will have three (3) years from the last payment of any benefit to assert a claim for Supplemental Earnings Benefits. Medical benefits have a separate one (1) year prescription from the time of the accident. If the employer or insurer makes any payments for medical expenses, then the prescription for medical expense claims will be extended to three (3) years from the last payment of the last medical expense. Also, an employee is supposed to report an injury to their employer within 30 days. It is always best to immediately report an injury so that it is properly documented. There are exceptions to these general prescription rules, and we would be happy to discuss your case.

For more information on Workers’ Compensation Claims In Louisiana, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (225) 228-3450 today.

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