In Louisiana, if you are injured on the job
you are automatically entitled to Workers’ Compensation income
benefits, medical coverage and compensation for any resulting
disability, regardless of fault. Most employers carry Workers’
Compensation insurance but often the employer or its insurance
carrier will dispute your claim or seek to pay you less than you
deserve. Christopher R. Schwartz has nearly twenty years of
experience with the Workers’ Compensation system in Louisiana,
having served, early in his career, as a Workers’ Compensation
claims adjuster and today, as a lawyer representing injured
employees battling reluctant employers and insurers who owe benefits
to these injured employees.
Contact Us today for a free
case evaluation.1.What is Workers’
Compensation?
2.What Workers’ Compensation benefits are
available?
3.If I am injured on the job, what is the first thing
I should do?
4.Why should I hire a lawyer to handle my Workers’
Compensation claim?
5.How much will it cost me to hire a lawyer?
6.If I choose to get a lawyer, when should I get one?
7.How long
is the workers compensation process?
8.Do I qualify for Social
Security benefits?
1. What is Workers’ Compensation?
Every employer in Louisiana must maintain Workers’ Compensation
Insurance to cover injuries sustained by their employees while on
the job, regardless of fault.
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2.
What Workers’ Compensation benefits are available?
If your injury
or illness is found to have occurred or to have been aggravated on
the job, you may be entitled to receive medical care for the injury
or illness; disability compensation for a portion of your lost
wages, vocational rehabilitation services, and, in the event of your
death, benefits payable to your survivors.
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3. If I am injured on the job, what is the first thing I should
do?
Report your accident or injury to your employer within 30
days and get a copy of the accident report for your records. Also
get copies of your check stubs showing your income for the month
before your accident or injury.
If you had an accident or
suffered injury at work more than 30 days ago and have not reported
it to your employer, there are some exceptions to the 30 day rule
that may still allow you to receive Workers’ Compensation benefits.
You should contact a lawyer to see if you qualify for one of these
exceptions.
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4. Why should I hire a lawyer
to handle my Workers’ Compensation claim?
An experienced lawyer
is more likely to get you all of the benefits you deserve. Employers
will often dispute your Workers’ Compensation claim or may not tell
you about all of the benefits you deserve to receive. A lawyer will
make sure that your interests are aggressively represented, that
your losses are fully compensated and will negotiate settlement of
your claim should you decide to settle for a lump sum payment. A
lawyer will work to ensure that your Workers' Compensation benefits
continue without interruption until you are able to return to work
or until you settle your claim. A lawyer will also be able to tell
you if you have any civil claim arising from willful employer
action.
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5. How much will it cost me to
hire a lawyer?
You pay nothing if you do not receive the benefits
you are owed.
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6. If I choose to get a
lawyer, when should I get one?
If you are not receiving the
benefits that you feel you deserve, a lawyer can assist you with
your dispute of these benefits. Although you do not need a lawyer to
submit a Disputed Claim for Compensation, an experienced Workers’
Compensation lawyer will work to maximize the benefits you receive.
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7. How long is the workers compensation
process?
If your employer approves your claim for Workers’
Compensation, you should begin receiving benefits for lost wages and
medical treatment as soon as eight days after your injury. You
should receive your first benefit check within 14 days after you
notify your employer of the injury.
If your employer denies
your claim for Workers’ Compensation, you should file a Disputed
Claim for Compensation, which will begin an administrative law
proceeding to consider the merits of your claim. This process
usually takes between six to nine months, but can take longer if
your claim must be appealed.
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8. Do I
qualify for Social Security benefits?
Receiving Workers’
Compensation benefits does not prevent you from being eligible for
Social Security benefits. However, your Social Security benefits may
be reduced as a result of Workers’ Compensation benefits. A lawyer
can make sure that you maximize both Workers’ Compensation and
Social Security benefits.
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Christopher R.
Schwartz is am experienced Workers Compensation Attorney in
Louisiana that offers his clients over 13 years of experience. Mr.
Schwartz can help maximize your Longshore Benefits, Defense Base Act
Benefits, Louisiana Workers' Compensation Benefits & Jones Act
Benefits in Louisiana, Texas and Gulfport Mississippi. Our Offices
are conveniently located in Metairie and Baton Rouge, Louisiana.
Call (504) 837-2263 in New Orleans or (225) 922-3911 in Baton Rouge
to set up a free case evaluation.
DISCLAIMER:This site and
any information contained herein are intended for informational
purposes only and should not be construed as legal advice. Seek
competent legal counsel for advice on any legal matter.