If you got hurt at work or have a job-related illness or injury, you may be eligible to receive benefits, including a portion of your lost wages, by filing a workers’ compensation claim. If you received a denial on your claim or have other hurdles to receive an approval, a Lake Charles workers’ compensation attorney from the Morris Bart law firm may be able to help.
Our team helps workers file appeals and take other steps to secure the medical payments, wage benefits, and other benefits they deserve after an on-the-job injury. If we believe we can help you recover your benefits or a settlement, we will take on your case at no upfront expense to you.
Lake Charles Workers’ Compensation Insurance Coverage
Almost all workers in southwestern Louisiana have workers’ compensation insurance or another similar program available to them following a workplace injury. This coverage includes those working in some of the top industries in Calcasieu Parish, including industry, gaming, tourism, and education.
The Louisiana Department of Labor says that Louisiana employers who have even one employee must provide workers’ compensation insurance for all employees, including those who may not be eligible for other benefits, such as part-time workers or those hired for temporary and seasonal positions.
Workers’ compensation must be in place before an employee works a single shift and remain in place for any time worked. Almost every worker who suffers an injury at work in Louisiana should have access to coverage, with very few exceptions.
If you suffered on-the-job workplace injuries and your employer did not provide the required coverage, your claim was denied, or there is another concern about getting your benefits, a Lake Charles workers’ compensation attorney from the Morris Bart law firm may be able to help.
For a free legal consultation with a Workers' Compensation lawyer serving Lake Charles, call (337) 377-0514
Fighting a Lake Charles Workers’ Compensation Denial
Denials and other problems with workers’ compensation claims are, unfortunately, relatively common. If you run into an issue getting approved for your benefits after a workplace injury, we may be able to appeal a denial, represent you to the Louisiana Workforce Commission, or support you in getting compensation for your injuries in another way.
Some reasons we may be able to identify and counter include:
- Your employer denies that your illness or injuries occurred as a result of work or at work
- Your employer failed to file the proper paperwork
- The insurance carrier denied your claim
- Your employer failed to provide the required workers’ compensation insurance
- Other reasons for denying workers benefits based on their workers’ compensation insurance policies
To avoid mistakes that could affect your workers’ compensation claim, let our team of Lake Charles workers’ compensation attorneys examine your case and determine if we can help you today. Our case reviews are free, and we only get paid after you recover benefits or a settlement.
Lake Charles Workers’ Compensation Benefits
The benefits you could receive if approved for workers’ compensation include:
Medical Care Coverage
Workers’ compensation should cover all your medical care costs related to your injury or illness, including emergency transportation to a hospital, triage and evaluation, treatment, hospitalization, rehabilitation, and more.
Indemnity Wage Benefits
According to the Louisiana Workforce Commission, if you cannot work after an on-the-job injury, you should receive Temporary Total Disability (TTD). This coverage includes about two-thirds of your average pay up to the policy limit.
If you are able to work but cannot return to your full duties, you could qualify for Supplemental Earnings Benefits (SEB). This type of indemnity pay may be available if you cannot earn at 90 percent of your normal average wage or more.
Vocational Rehabilitation Services
If your injuries cause lasting impairments, or you lose the skills to ensure you can do your job, your workers’ compensation insurance may provide or pay for vocational rehabilitation. This coverage may allow you to regain your lost job skills, learn a new skill, or otherwise give you the training necessary to get you back in the workforce and earn a living wage.
If a loved one died as a result of a job site accident or illness, workers’ compensation should cover reasonable funeral and burial costs and other out-of-pocket expenses up to a policy limit. There is also generally a death benefit paid out directly to the family.
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Time Limits to Remember When Seeking Workers’ Compensation Benefits
There are two important time limits you should know about if you are pursuing workers’ compensation benefits after a Lake Charles workplace accident, injury, or illness. These include:
- Under Louisiana Revised Statute (RS) §23:1301, workers generally have only 30 days to officially give notice of their qualifying injury or illness to their employer.
- Under RS §23:1209, you may only have one year to file your claim and seek benefits based on your workers’ compensation policy, although there are certain factors that may extend this time period.
Protect Your Workers’ Compensation Claim
There are two important things you can do to protect your claim should you get injured at work in the future. The first is to get medical attention for your injuries. Your employer’s insurance may insist on a particular doctor, but get seen as soon as you can.
The second thing to do is to notify your employer, and not just for the deadline reason above. This notification needs to be done in writing, detailing the time and date of the injury and what happened. You’ll need this to make your claim, and it gives your version of events.
Ultimately, the best way to protect your workers’ compensation claim is to speak with a workers’ compensation lawyer in Lake Charles as soon as possible.
What to Do if Your Employer Retaliates
Unfortunately, sometimes an unscrupulous employer will look for ways to retaliate against you if you file a workers’ compensation claim. Successful claims can make their premiums go up and they may take it out on you or try to get you to quit.
If you feel you’re facing workplace retaliation because of your injury, speak with us immediately. A workers’ compensation lawyerfrom our legal team can help you document what is happening and contact the relevant authorities, as well as keep it from affecting your claim.
Talk to a Member of Our Lake Charles Workers’ Compensation Team for Free Today
At the Morris Bart law firm, our team members will evaluate your workplace accident and injury case for free. We may be able to help you understand what prevented you from getting benefits and take action to secure your benefits or a settlement from the insurer.
A Lake Charles workers’ compensation lawyer from the Morris Bart law firm may be able to appeal your denial and represent you to the Louisiana Workers’ Compensation Commission. Call our Lake Charles office today to speak with a member of our team about your case at no cost to you. You can also use our online contact form.
Questions?Call (337) 377-0514
to find a Morris Bart office near you.