When you are injured on the job, your employer must cover all your medical expenses and pay a portion of your wages you would receive while you are off work under Louisiana Workers’ Compensation Law. of the wages you would receive while you are off work. However, employees often encounter difficulties in filing documents, proving their injuries are job-related, and facing denials they must appeal.
At Baggett McCall LLC, our workers’ rights attorneys can help you file for workers’ compensation benefits in Lake Charles and advocate for you if your employer or the insurance company tries to dispute your claim. In cases where your injury was caused by a third party, we can assist you in making a claim with their insurance company that does not conflict with your workers’ compensation claim.
In Lake Charles, Workers’ compensation insurance is no-fault coverage that employers maintain to cover 100% of medical treatment costs for workplace-related injuries and illnesses. In return, employees waive all rights to file legal action against their employer for negligence. When you file a workers’ compensation claim, it should include:
Lost wages are not paid for the first seven days of an injury. When it is paid, Louisiana law mandates a minimum weekly replacement of $234 and a cap of $877. If your condition lasts more than six weeks, you can receive the first week’s pay retroactively.
Although your Lake Charles employer is required to carry workers’ compensation insurance, and it is only used for workplace injuries, your employer or the insurer may deny your claims so the company does not have to pay out your benefits.
The most common reason for a delay or denial is late notice of an injury. You must notify your employer about your injury within 30 days of the accident, even if your employer was there and saw it happen. Many workers assume that if they were treated at the company’s first aid office and there is a report, they do not need to report. You must make a written report yourself.
If the accident happened during a lunch break, insurers sometimes claim you were “off the clock” and use that as grounds to deny a claim. The Louisiana Workforce Commission has held that if breaks occur on company property, then workers’ comp still applies. A workers’ compensation attorney can help you determine where you were when the accident happened and help gather evidence to offset any denial by the insurance company.
At Baggett McCall LLC, we work with our clients, doctors, and medical experts to help prove the injury was caused on the job and should be covered by workers’ compensation. We understand that the procedure can be confusing and you may have questions about the best way to move forward. When you come to our office, our attorneys will go over your case and explain what you need to do to get the best outcome for your claim. Choose your lawyer carefully. Call us today for a free consultation on your case. We charge no upfront fees and only collect if we win your case.