Nearly every service industry worker in Louisiana is covered by workers' compensation insurance. Your employer is required to carry a policy, but not all employers are the same. Many employers are afraid their premiums will rise if workers file claims under their policy, and your employer may discourage you from doing so.
Do not let your supervisor or your employer influence your decision to file a workers' compensation claim. Do not accept an out-of-pocket payment. You deserve much more than anyone could possibly offer you out of pocket.
If you were hurt on the job, you should consult an experienced workers' compensation lawyer immediately.
Please call us in Metairie or Baton Rouge at 504-266-0253 or 800-711-9366 for a FREE initial consultation. We are available to you 24/7.
Why Do You Need A Lawyer To File A Workers' Compensation Claim?
Things that may derail your claim for workers' compensation benefits:
- Your employer may tell you that your injury won't qualify for benefits.
- Evidence of your workplace accident may disappear.
- Your employer may require that you see and get treatment only from its preferred doctor.
- The doctor may conclude that your injury was pre-existing or that it was the result of a pre-existing condition not aggravated on the job.
- The workers' compensation insurance company may stop paying your benefits if it believes you are not following your prescribed treatment closely enough.
- The insurance company may stop paying your benefits if it thinks you are well enough to return to work.
Your rights can be violated in several ways if a dedicated personal attorney is not advocating for you, managing your case and protecting your rights throughout the process.
Here is the reality:
- Virtually any work-related injury or illness qualifies you for workers' comp benefits. If it happened in the workplace or at an event outside of work that was still job-related, you are entitled to benefits.
- We can prove that your injury or illness is work-related, but you need to report it to your supervisor right away, and it is advisable to get an attorney involved to make sure evidence is preserved and properly documented.
- You can see any physician of your choice who has been approved by the Louisiana Office of Workers' Compensation Administration (OWCA).
- In many cases, you can avoid the diagnosis that your injury was a pre-existing condition by choosing your own doctor.
- We will help you understand your responsibilities once you receive a treatment plan from your doctor, helping ensure that you do not lose benefits.
- If you are not able to return to work, but the insurance company or your employer is pressuring you, we will protect your rights and benefits vigorously.
You do not have to prove negligence or that your injury was not your fault if you are injured at work. As long as your injury or illness is job-related, you are entitled to lost wage benefits and medical expense coverage.
Service industry work-related injuries may seem minor at first. You may think you can just tough it out and that you can't afford to miss work. Think again.
Working as a waiter, bartender, cook, maid, teacher, cashier, retail worker, baggage worker, hospitality worker, cleaning crew member or other service industry worker is physically and mentally demanding in many ways. If you don't file for workers' compensation benefits now, when the injury comes back to haunt you in the future, it truly will be pre-existing, and you will have few options.
Get A Free Initial Consultation At Schwartz Law Firm LLC
Please email us or call us today at 504-266-0253 or 800-711-9366 to schedule a meeting with one of our experienced attorneys. We will help you secure your full and fair compensation, and we will fight for you.