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Workers' Compensation FAQs

At Schwartz Law Firm LLC in Metairie and Baton Rouge, our workers' compensation attorneys have over 25 years of combined experience protecting the rights of injured workers in southeast Louisiana. We find that many clients have similar initial questions about workers' compensation, so we have decided to provide answers here.

Naturally, more questions will arise from these answers. It is best to address these additional questions with one of our lawyers because the answers will depend on your unique situation and the severity of your injury.

Please call us anytime at 504-266-0253 or toll free at 800-711-9366 or email us to speak with one of our lawyers in a free consultation. We are available 24/7.

Q. What should I do if I have been injured at work?

A. You should notify your employer in writing within 10 days from the date of your injury.

Q. Can I see a doctor of my choosing?

A. Yes. You can see a doctor of your choice, and if your employer refuses to allow you to do so, we can bring your case to court.

Q. How much does workers' compensation pay?

A. Workers' compensation pays about 66 percent of your average weekly pay, but no more than $650 a week.

Q. If I am injured at work, what benefits am I entitled to?

A. You are entitled to lifetime medical care pertaining to the injury, disability compensation, rehabilitation services and lost wages.

Q. My employer seems to be treating me differently since filing a workers' compensation claim. Can they do that?

A. It is against the law for employers to discriminate against employees who have filed workers' compensation claims. It is also against the law to fire someone for filing a workers' compensation claim.

Q. I am a seaman who was injured at work. Do I file a workers' compensation claim?

A. Injured seamen can sue for damages under the Jones Act.

Q. What compensation am I entitled to under the Jones Act?

A. Injured seamen can recover damages for lost wages, medical benefits, pain and suffering, future pain and suffering, future wages, future medical costs and "maintenance," which is a per diem in the amount of room and board on a vessel.

Q. I am not a seaman, but I was injured while working aboard a vessel. Do I file a workers' compensation claim, a Jones Act claim or neither?

A. Workers who were injured while aboard a vessel are entitled to compensation under the Longshore and Harbor Workers' Compensation Act (LHWCA).

Q. What benefits am I entitled to under the LHWCA?

A. Injured vessel workers can recover lifetime medical benefits and lost wages.