If you have ever suffered a serious work injury, you're probably familiar with workers' compensation. For those of you who aren't, workers' compensation is insurance provided by an employer that reimburses an injured worker for getting hurt while on the job. Most workers who are injured while at work have coverage under their employer's workers' compensation insurance.
Getting involved in a workers' compensation lawsuit is never an easy feat, but having the right workers' compensation lawyer helps you get the compensation you deserve. Keep on reading for your guide to workers' compensation lawsuits.
How Do Workers' Compensation Lawsuits Work?
In a workers' compensation lawsuit, you, your employer and the insurance provider decide what would be the best compensation for your injury depending on its severity, and by following guidelines for Louisiana workers compensation laws. Injured workers receive compensation for work injuries through various types of benefits. Among these benefits include partial wage payments for the time you lost not going to work and medical costs that are associated with your work injury.
Partial wage payments are usually 2/3 of normal wages received, and their lengths are capped, and on top of this, they are also not taxed. Although many may feel payments being 2/3 of their normal wages is not a great offer, the fact that they are not taxed allows them to be relatively close to most paychecks.
Is My Injury Eligible for a Workers' Compensation Lawsuit?
In the state of Louisiana, if you are unable to perform at your job due to a work injury, your employer (and its workers' comp insurance company) is under obligation to pay any necessary and rational medical bills, compensation benefits, travel expenses and vocational rehabilitation benefits. A plethora of work injuries are covered by workers' compensation, including:
- Broken bones
- Occupational injuries
- Mental/emotional stress injuries
- Pulling any muscles
- Chemical burns
- Repetitive motion/stress injuries (i.e. carpal tunnel)
- Distress added to pre-existing conditions/injuries
- Injuries from being exposed to dangerous conditions
Employers have an obligation to keep their work environment safe. So, when that is compromised, workplaces put themselves in a position for lawsuits by those injured on the job.
What is a No-Fault System?
Unlike personal injuries where you have to show fault, you do not have to do so with workers' compensation claims. This means that having evidence of your injury that occurred at work is all you need to prove it and receive compensation. However, even though workers' compensation is no-fault, that doesn't mean you should go about it without an experienced workers' compensation lawyer.
Can I Be Fired for Filing for Workers' Compensation or Be Told Not to Do So?
The answer is simple: no. In fact, it is actually illegal in all states for an employer to terminate a worker for filing a workers' compensation claim, or to tell them they cannot file for workers' comp. If you are terminated from your job with the reason being that you filed a workers' comp claim, you may eligible for supplementary compensation. Your workers' compensation attorney will work through the ropes with you during this process.
Don't wait to file a worker's compensation lawsuit. Schwartz Law will take care of everything for you, from the first phone call until your case is over. We have two locations in Louisiana, one in Metairie and another in Baton Rouge. Feel free to call us at 504-837-2263 for your free initial consultation today.
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