Workers Compensation
If you’re injured at work in Louisiana, Workers’
Compensation insurance should provide income benefits,
medical coverage and compensation for any long-term
disability cased by your injury. Most employers
have Workers’ Compensation insurance, but claims
are often disputed and the amount of benefits paid
to injured employees varies widely. If your injury
or illness is expected to keep you out of work for
at least one full year, you may also qualify for
Social Security Disability. Unlike Workers’ Compensation,
Social Security includes annual “cost of living”
increases, and may pay additional benefits for your
spouse and children.
TEMPORARY TOTAL DISABILITY
If you’re temporarily totally disabled and unable
to do any type of work, you should receive Louisiana
Workers Compensation weekly benefits of up to two-thirds
of the wages that you were earning when your disability
began. Your benefits should be based upon your full
income, which sometimes even includes taxable fringe
benefits or wages from a second job.
You should receive your first Workers’ Compensation
payment within 14 days after you provide your employer
with medical documentation showing that you're unable
to work and your employer may owe you a penalty
payment if your benefits are not started on time.
You should continue to receive weekly benefits until
you receive a valid medical release to return to
work, frequent medical treatment is no longer needed
and the extent of any long-term disability can be
determined.
SUPPLEMENTAL EARNINGS BENEFITS
If you can return to work, but your medical condition
prevents you from earning at least 90% of the income
you were earning at the time of your accident, you
should receive Supplemental Earnings Benefits (often
called “SEB”). These monthly benefits should equal
two-thirds of the difference between what you were
earning at the time of your injury and what you
are currently able to earn. Factors considered in
determining the amount of your benefits may include
the type of work restrictions imposed by your doctors
and the availability of work within those restrictions.
PERMANENT PARTIAL DISABILITY
You may receive Permanent Partial Disability benefits
even if your injury did not cause you to miss significant
time off of work. A Permanent Partial Disability
rating allows you to receive guaranteed minimum
benefits for many specific injuries, including hearing
or vision loss, scarring, damage to your hands,
arms, legs or feet, or damage to your internal organs.
PERMANENT TOTAL DISABILITY
You should receive Permanent Total Disability benefits
if the Workers’ Compensation Court determines that
you will be unable to perform any type of work for
the rest of your life. To qualify, you must provide
the Judge with very convincing medical and vocational
evidence.
CASH SETTLEMENT
You may be able to settle your case and receive
a single cash payment to compensate you for your
loss of earning capacity, future medical expenses
and permanent disability. We can help you maximize
your benefits, determine the full value of your
claim and negotiate your settlement.
MEDICAL BENEFITS FOR INJURED EMPLOYEES
Workers’ Compensation insurance companies often
ignore or deny requests for medical treatment. In
fact, their refusal to authorize medical treatment
is one of the most common reasons people call us
for help with their claim. We can get a prompt response
to your doctor’s orders for tests, medication or
surgery. If your treatment is denied, we can ask
the Court to overrule the insurance company and
order the treatment your doctor requested. In addition
to paying for hospitalization and physician expenses,
Workers’ Compensation should also cover the cost
of prescription medication, physical therapy, psychological
counseling, medical devices and travel expenses
for medical treatment.
SELECTING YOUR TREATING PHYSICIAN
Louisiana law allows you to select one treating
physician in each medical specialty and you’re not
required to pick your doctors from a list prepared
by your employer or their insurer. You also have
the right to talk with a lawyer before authorizing
the release of your medical records or undergoing
any tests or surgery. Your attorney should handle
all contacts with the insurance company, including
all conversations with the claims adjuster, medical
case manager, vocational rehabilitation expert and
the insurance company’s lawyer.
WORKERS' COMPENSATION AND SOCIAL SECURITY
You can receive Workers’ Compensation and Social
Security Disability at the same time, up to a combined
benefit of 80% or more of the income you were earning
before you became disabled. For some people, their
Social Security Disability benefit payment is much
higher than their Louisiana Workers' Compensation
benefit rate. Social Security Disability also includes
annual “cost of living” increases and may pay additional
benefits for your spouse and children. While Workers'
Compensation benefits are often disputed and are
rarely paid at their full rate for more than few
years, people who qualify for Social Security Disability
often receive those benefits for the rest of their
lives. If you have a serious work-related injury
or illness, qualifying for and coordinating your
Louisiana Workers' Compensation and Social Security
Disability benefits can be a very important step.
Many people with work-related injuries will be
approved Disability if they’re persistent in pursuing
their claim through the Social Security appeals
process. Most Social Security Disability applications
are initially denied and the Social Security Administration
reports that you’re much more likely to eventually
recover benefits if you’re represented by an experienced
attorney.
Our Louisiana Workers Compensation lawyer and law
office practice encompasses the State of Louisiana,
representing Workers Compensation cases from all
Louisiana parishes, including Acadia Parish, Allen
Parish, Ascension Parish, Assumption Parish, Avoyelles
Parish, Beauregard Parish, Bienville Parish, Bossier
Parish, Caddo Parish, Calcasieu Parish, Caldwell
Parish, Cameron Parish, Catahoula Parish, Claiborne
Parish, Concordia Parish, De Soto Parish, East Baton
Rouge Parish, East Carroll Parish, East Feliciana
Parish, Evangeline Parish, Franklin Parish, Grant
Parish, Iberia Parish, Iberville Parish, Jackson
Parish, Jefferson Davis Parish, Jefferson Parish,
La Salle Parish, Lafayette Parish, Lafourche Parish,
Lincoln Parish, Livingston Parish, Madison Parish,
Morehouse Parish, Natchitoches Parish, Orleans Parish,
Ouachita Parish, Plaquemines Parish, Pointe Coupee
Parish, Rapides Parish, Red River Parish, Richland
Parish, Sabine Parish, St. Bernard Parish, St. Charles
Parish, St. Helena Parish, St. James Parish, St.
John The Baptist Parish, St. Landry Parish, St.
Martin Parish, St. Mary Parish, St. Tammany Parish,
Tangipahoa Parish, Tensas Parish, Terrebonne Parish,
Union Parish, Vermilion Parish, Vernon Parish, Washington
Parish, Webster Parish, West Baton Rouge Parish,
West Carroll Parish, West Feliciana Parish, Winn
Parish, the Louisiana Gulf Coast, Houma, New Orleans,
Hammond, Metairie, Lafayette, Lake Charles, Shreveport,
Monroe, Alexandria, Slidell, New Iberia, Chalmette,
Tallulah, Bogalusa, Covington, Franklin, Abbeville,
Morgan City, Minden, Winnsboro, Gonzales and all
Louisiana cities in between.
Contact us to discuss initial consultation:
Law Office of David Groner, PLC
230 W. Main Street
New Iberia, LA 70560
Tel: 337-364-3629
Fax: 337-367-2438
Email: info@davidgroner.com
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