So, you...or somebody in your family...have been injured on the job in Metairie, Louisiana. You know that you're covered by your employer's workers' compensation insurance, but do you know what to do next?
Here are some simple steps to get your compensation quickly and smoothly.
Report the Incident
Promptly report the incident to your employer. In turn, they can report the incident to the insurance company. It's a good idea to report accidents right away, even if you don't think you were injured. For example, whiplash injuries from low-speed auto accidents often don't show symptoms for a few days. Reporting the accident allows things to move quickly and establishes a clear timeline. Legally, you are required to report within 30 days, but you should do so as soon as possible. Always report in writing (email counts), not over the phone or verbally.
Include the names of anyone who witnessed the injury and can vouch for the fact that it happened on the job.
Seek Medical Attention
Promptly seek medical attention if you are injured on the job. If you try to "tough it out," an injury may become worse, and you could lack the documentation you need to claim workers' compensation. Tell your provider you were injured on the job and are filing a workers' compensation claim. This allows them to ensure they keep the records of treatment and payment needed to support your claim.
Contact a Lawyer
Most workers' comp cases go smoothly, but getting a lawyer in your corner right away ensures you are covered if your claim is disputed. Workers' compensation attorneys work on a contingency, meaning they are paid out of any settlement. Initial consultations are always free. Sometimes, all you need is a stern letter on legal letterhead to get an insurance company to cooperate.
A lawyer is vital if your employer or their insurance company offers a lump sum settlement. You may or may not want to take this, and a good lawyer can help you determine whether it's a fair deal.
Provide Requested Documentation
The insurance company may ask for medical documentation. They may also get statements from any coworkers who witnessed the injury. Without good documentation, your claim is very likely to be contested.
Additionally, make sure you have independently documented your average weekly wages, especially if you are hourly, as compensation is based on this. You're entitled to lost wages if you are off work for at least seven days.
Attend an Independent Medical Examination
Insurance companies commonly request that you be examined by a physician they select, which may or may not be your own doctor or the treating doctor. This is essentially a second opinion to verify your injuries.
If there is a difference of opinion between their doctor and yours, the case will go to the Louisiana Office of Workers' Compensation, which may appoint a Medical Director to resolve it.
What To Do If There Is a Dispute With Your Worker's Comp Claim
If your worker's comp claim is disputed, get a lawyer. Again, many disputes can be resolved simply by sending the right letter. Your attorney can only take up to 20% of the amount recovered plus expenses, and some attorneys charge less.
You should first contact your employer or their insurer and attempt to resolve the problem with them. If that fails, you (or they) can request a mediation conference through the Office of Workers' Compensation. They will provide a trained mediator with experience in the law and skill at resolving disputes. If that doesn't work, you need to file a Form LWC-WC-1008.
The case may then go to a workers' compensation judge. However, most insurers will settle before things reach this point.
If you need a lawyer to help with your workers' compensation claim in Metairie, contact Schwartz Law Firm. We are experienced workers' compensation attorneys who can help you get the compensation you deserve.
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