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On-the-Job Injuries in Baton Rouge and Metairie
Work-related injuries in Louisiana can take place on land or on or adjacent to navigable waters. Depending upon where the accident takes place, the Louisiana Workers’ Compensation Act or the Longshore and Harbor Workers’ Compensation Act may come into play.
The Louisiana Workers’ Compensation Act covers land-based work-related accidents. The act provides four types of income benefits for work-related accident victims:
While and injured worker can receive only one category of benefits at a given time, different categories may apply at different times during a claim.
If an injured worker is temporarily totally disabled, the act provides for benefits up to two-thirds of the worker’s gross earnings at the time the disability began, including taxable fringe benefits. Benefits should continue until the worker receives a medical release to return to work.
If a worker can return to work, but the injury prevents him or her from earning at least 90% of the income earned at the time of the accident, the worker should receive supplemental earnings benefits (SEB). The appropriate SEB amount is two-thirds of the difference between what the worker was earning at the time of the injury and what the worker is currently able to earn.
The worker may receive permanent partial disability (PPD) benefits, which is a guaranteed minimum income benefit under the act for specific injuries, including vision loss and damage to extremities such as losing a hand or a finger.
An injured worker may receive permanent total disability (PTD) benefits if it is determined that he will not be able to perform any type of work permanently.
In some instances, the workers’ compensation insurance company may be willing to settle a case for a single lump-sum payment for future wage benefits and future medical expenses and permanent disability.
In addition to the above wage benefits, victims of work-related accidents are entitled to receive medical treatment from a physician of their choosing for the work-related injuries, as well as prescription medication, physical therapy and travel expenses for treatment.
The Longshore and Harbor Workers’ Compensation Act provides work-related injury benefits to maritime workers under certain circumstances where the state workers’ compensation does not apply. Under this act, workers injured while employed in the maritime industry such as shipbuilders, dock workers, longshoremen, mechanics, or maintenance workers on a navigable waterway or adjoining areas, including areas that are used in loading, unloading, repairing or building vessels, including docks, piers and dry dock facilities, are entitled to compensation.
A worker covered by this act is entitled to medical benefits and wage benefits equal to two-thirds of the injured worker’s average weekly wage while undergoing medical treatment, then either a scheduled award for injury to certain body parts or two-thirds of the worker’s future lost earning capacity.
Compensation benefits, whether under the Louisiana Workers’ Compensation Act or the Longshore and Harbor Workers’ Compensation Act, are owed to the injured employee by the employer or his insurer, regardless of fault. However, under many circumstances, the accident may have been caused by the fault of a party other than the employer. If that is the case, the injured worker is entitled to workers’ compensation benefit from the employer, but is also entitled to bring a “third-party” lawsuit against the party who is actually at fault. The third-party claim is not limited to workers’ compensation benefits, but instead includes elements of damages such as mental and physical pain and suffering and loss of enjoyment of life that cannot be recovered against the employer under workers’ compensation laws.
Mr. McNamara holds the highest possible peer review rating of “AV” (“Very High to Pre-Eminent”) for professional excellence and ethical standards.
WITH OFFICES IN BATON ROUGE (HEADQUARTERS) AND METAIRIE, MR. MCNAMARA ACCEPTS SELECT LOUISIANA CASES STATEWIDE.
If you have suffered a work-related injury, we are happy to speak with you about it to help you determine your rights. Please feel free to contact us online or at the numbers listed below.
This has been a very difficult time for myself and my family. Mr. Mcnamara did his best to be as empathetic and compassionate as possible. He is very knowledgeable and a man of great integrity.
This has been a very difficult time for me and my family, but Mr.Mcnamara has been very empathetic and understanding. He is extremely knowledgeable and a man of great integrity. I truly appreciate everything he did to make this as Tolerable as possible.
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Price was instrumental in assisting me through the disability process. Without his help and guidance , I do not think that I would have been successful !!!! Thank you Price.
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The law firm of Price McNamara has successfully settled our law suit when other attorneys said that we had no case Price assured us that we did and in eight months he was able to negotiate a settlement that we were told that we could not get. I highly recommend his law firm and I
I want to say thanks to J. Price McNamara for the sound free advice he gave me related how to increase my chances of being approved for Long Term Disability of being denied. I must say after implementing elements of his sound advice such as showing the insurance company proof of how my illness/disability had
I needed an attorney with a specific specialty and Price McNamara was definitely the right choice. His representation was based on principles that are probably unsurpassed by any other attorney in the field. McNamara represents individuals, not big-money corporations, like so many others in his field of specialty. He is a consummate professional, extremely knowledgeable
I found Mr. McNamara to be practical and efficient. He did what I needed in a reasonable amount of time, keeping me well informed and with excellent results. He communicated with me clearly and on a timely basis. I will use him in the future.
I am a current client of Mr. McNamara’s. He is very accessible and responds to my emails and phone calls in a timely manner. I find him to be very professional and knowledgeable, as well as ready, willing and able to address all of my questions and/or concerns.
I am an attorney. Price represented me, and in a separate suit represented my daughter, for injuries. He moved the cases at lightning speed and obtained maximum recovery. I was grateful and surprised. I would recommend Price to anyone who wants a top-notch attorney who gets results.
I would recommend Mr. Mcnanmara to anyone at any time. He was the best attorney that my family and I came in contact with. About three years ago we had a very tragic, accidental death in our family and the company knew that it was their fault but of course tried passing the buck. Mr.
Price and Sara are great. They helped us in a time of need. Their communication was always spot on and I never felt out of the loop with what was going on with our case.
Price is very professional, honest, and reliable. Whatever he says, he will follow through with the utmost integrity. He will turn over every stone and pays close attention to even the smallest detail. I’m glad I secured his services.
Without going into the painful details regarding the reason for having to hire Price, his compassion and communication helped my family during an extremely difficult time. If you need legal help because you or a family member was injured by something or someone else, don’t hesitate to call him.
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