Under Louisiana law, employees who suffer injuries in the workplace while performing their job duties have the right to medical care, regardless of whether they have been temporarily or permanently injured. Louisiana requires most employers to carry workers’ compensation insurance. Under this system, most reasonable and necessary medical expenses are covered. These expenses can include hospital visits and stays, physical therapy, prescriptions, and nursing or other long-term care.
Workers’ compensation for offshore accident injuries
Just as important, injured workers may recover lost wages related to their accident injury, whether or not they are temporarily or permanently disabled. In South Louisiana especially, it is important to note that Longeshoremen, shipyard workers, and harbor workers may be afforded additional benefits under the Jones Act and the Longshore and Harbor Workers’ Act, which are federal laws designed to offer further protection to these types of workers.
Moreover, dependents of employees who die as a result of an on-the-job injury or illness may also be entitled to benefits under one or more of the above laws. Such benefits include survival benefits and burial costs.
How do I file a workers’ compensation claim for my accident injury?
Workplace accidents must be reported to the employer within 30 days of the injury in order to preserve the employee’s right to recover workers’ compensation benefits. Though there are some exceptions to this rule, they a few and far between, and an injured worker should immediately contact a workers’ compensation attorney to preserve these rights.
If denied benefits, the injured employee can have as much as up to three years to appeal the decision, which will typically be assigned to a workers’ compensation judge for hearing. In this situation, it is also important for an injured party to consult an attorney to ensure that his or her rights are preserved.
Workplace accidents are no laughing matter, and they can drastically impact not just the injured worker, but his or her entire family. Knowing your rights ahead of time will help to make sure that in the event of an unfortunate workplace injury, you are protected.