1) What is Workers’ Compensation?
Workers’ compensation is a state-sponsored form of protection that offers benefits to employees who are injured on the job. The benefits can include medical care, wages, rehabilitation, and/or death benefits. All employers must pay for the medical care and indemnity wage benefits if one of their employees is injured on the job, unless they are statutorily exempted.
2) Am I Covered By Workers’ Compensation Law?
Most employees in Louisiana are covered regardless of whether they are full-time, part-time, seasonal, or minors. Most subcontractors, domestic employees, real estate agents, uncompensated officers, directors of certain non-profit organizations, and public officials cannot receive these benefits. Volunteer workers are also not entitled to benefits.
3) What Kinds Of Injuries Are Covered Under Workers’ Compensation?
Most types of mental and physical injuries are covered if they are related to on-the-job accidents or occupational diseases. Mental injuries must be proven to be the result of a physical injury or of a sudden, unexpected and extraordinary stress related to the job.
4) Are There Any Instances Where Recovery Would Be Barred?
Compensation is usually barred if the injury was caused by the employee’s willful intention to injure himself/herself or others; intoxication at the time of the injury, the injuries are the result of an unprovoked physical altercation or the worker was involved in “horseplay” at the time that the injury occurred.
5) What Happens If I Am Barred From Receiving Workers’ Compensation Benefits?
If you are barred from receiving Workers’ Compensation benefits, you can file a Disputed Claim for Compensation. This process provides a means to appeal your case through an administrative law proceeding in one of ten offices in the State of Louisiana. The appeals process can take six to nine months to resolve.
6) Can I Get My Job Back After I Am Recovered From My Injury?
Employers are not required to hold a job for you if you are unable to perform your job due to your injury. Your employer also does not need to create a new job for you when you are able to return to work. However, you cannot be terminated solely because you filed a workers’ compensation claim. If this happens you would possibly be able to file a lawsuit against your employer and recover damages.
7) What If I Cannot Return To My Old Job?
Employees can sometimes obtain vocational rehabilitation services after they recover from their injury. Rehabilitation services are intended to return a disabled employee to work, with a minimum of retraining, as soon as possible after an injury occurs.
8) Do I Need To Hire An Attorney?
You are not required to have an attorney for a workers’ compensation case. However, because of the complexity and potential for serious problems, it is best to have a lawyer for more complicated cases.
If you have more questions about Worker’s Compensation Law, it is important that you speak to someone who knows about cases like yours. J. Price McNamara has a long history of dealing with Worker’s Compensation Cases like yours. The first step is to call and set up a consultation so one of our skilled attorneys can review the facts of your case. We are here to help, so call us today to get started.
Call J. Price McNamara Today For Help With Your Workers’ Compensation Case
Here at the law firm of J. Price McNamara, we know how important effective and aggressive legal representation is for your Worker’s Compensation case outcome. J. Price McNamara has the experience, skill and drive to fight for your case and help you get the compensation you deserve for your injuries. The law limits the amount of time you have to file your case, so do not wait. The law firm of J. Price McNamara is here to help you resolve your case now. Call our practice today for your free case review.
Following graduation from Loyola Law School in New Orleans in 1990, Price McNamara served as a Federal Judicial Law Clerk to the Honorable John M Shaw, Chief Judge, United States District Court Western District of Louisiana.
Mr. McNamara founded J. Price McNamara ERISA Insurance Claim Attorney, and began putting his past experience to work for the injured and disabled clients he now represents against the insurance companies in personal injury and long term disability and other insurance disputes in both federal and state courts