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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.
Workers' Compensation FAQs:
- What is Workers’ Compensation?
- What Workers’ Compensation benefits are available?
- If I am injured on the job, what is the first thing I should do?
- Why should I hire a lawyer to handle my Workers’ Compensation claim?
- How much will it cost me to hire a lawyer?
- If I choose to get a lawyer, when should I get one?
- How long is the workers compensation process?
- Do I qualify for Social Security benefits?
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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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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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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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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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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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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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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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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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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.
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