Workers’ compensation is governed by both Louisiana state and federal laws, which may have different requirements or restrictions depending on your particular incident or case. If you, or someone that you know, is injured in Louisiana while at work, then you have a claim through the Louisiana Department of Labor and the Louisiana Workers’ Compensation Act (La. R.S. 23:1021). You will want to have adequate legal representation when you are dealing with a complicated case that may put your right to receive workers’ compensation after an accident resulting in a work-related injury.
Hire a Local Workers Comp Law Firm in Shreveport Louisiana
What to do if you’ve been injured while at work:
Immediately report the injury to your supervisor and provide accurate details of the situation that led up to the accident and thereafter.
Visit a physician who can diagnose and treat any injuries that may have been sustained due to the accident.
Keep a log of your injuries and how it is affecting your life in order to develop material evidence for a workers’ compensation claim.
Seek professional legal representation from experienced attorneys who know workers’ compensation claim procedures and are willing to protect your rights under Louisiana’s workers’ compensation system.
Make sure that your workers’ compensation benefits are correctly calculated by seeking professional legal assistance with your claim. Courts will rule a judgment differently in some cases based on the representation of employee payment history and which model is used to understand what adequate compensation is for the individual. Our experienced lawyers will handle your case with complete and accurate information regarding your work history and wages associated with the work injury.
Exceptions to successfully recover workers’ compensation may include:
If employee willfully causes accident leading to personal injury at work.
If employee is intoxicated or operating under the influence while the injury is sustained, unless the employer procured and encouraged drinking alcoholic beverages during this time period. Samples will be taken and tested to evaluate potential intoxication.
If an employee is initiating physical aggression which is unprovoked and leads to a physical altercation of which the employee sustains an injury.
The Louisiana Workers’ Compensation Act recognizes five classes of wages to calculate average weekly compensation (La. R.S. 23:1021(12)):
Other Wages (for employees paid on a unit, piecework, or commission)
The burden of proof for this aspect of the workers’ compensation claim is on the employee who should argue against employer claims for below average recent wage history or abnormal situation which complicates the law’s understanding of an individual’s specific situation.
Each worker is entitled to compensation benefits which amount to two-thirds of an average weekly paycheck, up to a maximum of approximately $500.
Workers’ compensation generally covers medical expenses related to work injury including rehabilitation or disability payments for those incapacitated by their injuries.
In determining whether or not the employer is required to provide workers’ compensation to the employee that was injured, the burden of proof rests on the employer.
Choosing “Tim Fischer Law”
Don’t risk your opportunity to claim your right to workers’ compensation benefits if you are dealing with an injury that involves pain and loss of job performance or inability to work. We take our clients’ matters very seriously and understand the tremendous burden that is on you while dealing with an injury and medical bills. We’ll work with your insurance company to better understand what type of coverage you have in addition to the general workers’ compensation package that is offered legally by your employer.
Tim Fischer Law has won many successful workers’ compensation claims for our clients in Shreveport / Bossier City – call us today for a free consultation.
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If you’ve been injured at work, let our workers compensation and personal injury lawyers help you. Contact us today for a free consultation.