What Damages Are Available In A Workers’ Compensation Case?
The damages in a workers’ compensation case can include reasonable medical expenses, temporary or permanent weekly disability benefits, supplemental earning benefits to account for the difference in pay between a pre and post-accident employment, the cost of prescription medications, and mileage expenses incurred as the result of traveling to and from medical care providers.
If an individual’s injury prevents them from ever returning to their pre-accident line of work, then vocational rehabilitation training may be provided. For example, we once represented a client who was employed as commercial tire installer and repairer. He was seriously injured when a backhoe tire that he was inflating exploded. As a result of his injuries, he was left physically unable to return to his line of work as a commercial tire installer/repairman. We requested that his employer and their insurer provide our client with vocational and rehabilitation training for a job that he could perform within his physical restrictions. The employer paid for our client to attend a commercial truck driving school, and he is currently employed full time as a commercial truck driver.
If Someone Gets Workers’ Compensation Benefits, Can They Still Receive Social Security Disability?
Long-term disability benefits and Social Security Disability Benefits can be received at the same time. If someone sustains an injury that will prevent them from working for more than 12 months, then they can file for Social Security disability income and receive that alongside the benefits they receive from workers’ compensation. The Social Security Administration will usually reduce its payment to the employee based on the amount of worker’s compensation benefits that the employee is receiving. If however, the employee is found to be totally and permanently disabled, the worker’s compensation benefits may be reduced, and the employee receives his full Social Security disability benefits. An injured party would not be eligible to receive unemployment compensation benefits, since those benefits require the individual to verify their ability to work.
What Steps Should Someone Take If They Believe They Should File A Workers’ Compensation Claim?
If someone believes that they may need to file a workers’ compensation claim for an injury sustained on the job, the first thing they should do is report the injury to their employer. If they have any questions, I would advise them to contact a workers’ compensation attorney who will likely provide them with a free consultation and walk them through each step. If their employer fails to pay for medical expenses or does not offer more than seven days’ worth of pay in weekly benefits, then the employee should file a Disputed Claim For Compensation Form (1008 Form) with the Louisiana Office of Workers’ Compensation. This form does not initiate a lawsuit, but does initiate the process that would be necessary in the event that a claim is questioned. If an individual is dealing with a disputed workers’ compensation claim, they should obtain an attorney who can represent them in court and guide them through the medical process of recovering from their injury. An attorney will also be able to ensure that an injured employee is able to exercise their right to choose their treating physician. However, an individual cannot choose to “doctor shop” or see multiple physicians within the same specialty.
Additional Information About Workers’ Compensation Cases In Louisiana
Some people are hesitant to file workers’ compensation claims because they are fearful of retaliation from their employer. However, Louisiana law prohibits employers from terminating employees for filing workers’ compensation claims; an individual has a right under the law to file a claim and that is something an employer cannot take away. If an employer tries to take away that right, then an attorney can represent and protect the employee in court.
While we don’t charge our clients anything upfront, we do charge 20 percent of the benefits recovered. An attorney should definitely be involved in any case that involves a lump sum settlement over $25,000 due to the fact that it could have an impact on Medicare and the way in which the medical bills will be paid. There are many traps that an individual can find themselves in when dealing with the unfamiliar terrain of workers’ compensation claims, so it is best to seek the assistance of an experienced attorney.
For more information on Damages Available In A Workers’ Compensation Claim, 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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