Each year, thousands of employees are injured in work-related accidents. Often, this results in workers suffering lost wages and expensive bills for the medical treatment they receive to heal their injury.
If you are injured on-the-job, it is important to understand that you may be entitled to workers’ compensation benefits that pays for your medical treatment and provides partial lost wages. However, there are several steps involved in Louisiana’s workers’ compensation process that you need to complete in order to recover compensation.
Simien & Simien’s Baton Rouge workers’ compensation lawyers will help you through every step of the claims process. We understand how to accurately file a claim and will work to help you obtain the benefits you need. Schedule a free, no obligation consultation to learn more.
Seek Medical Attention After the Accident
After being injured in a work-related accident, you should seek medical attention for your injury. Even if you do not believe you are seriously injured, it is important that you meet with a health care provider to examine your injury.
A health care provider will diagnose your injury and recommend the type of treatment you need to recover. Additionally, it will also establish that you suffered an injury during a work-related accident.
In Louisiana, workers have the right to choose their own treating physician. However, you must gain approval from your employer before you change physicians in the same specialty area. Your doctor must also gain approval from your employer’s insurer for any medical treatment that costs more than $750.
Report Your Injury
Within 30 days of suffering an injury in a work-related accident, you must officially file a report of your injury with your employer, according to LA Rev Stat § 23:1301.
However, you should inform your employer about your injury as soon as possible. If you wait too long to report your injury, an insurance adjuster may deny your claim or allege your injury is not work-related.
Once you have reported your injury, you must complete a First Report of Injury or Illness Form and return it to your employer or supervisor. The report must be completed and submitted within 30 days of when you first suffered your injury.
After you report the injury, Louisiana law requires that your employer report this information to its workers’ compensation carrier within 10 days.
During a workers’ compensation claim, it may help to carefully record everything related to your injury and the claims process. This includes:
- The events that occurred during the accident
- Names and contact information of people who may have witnessed your accident
- The type of medical treatment you are receiving
- How your injury has responded to treatment
- Limitations on performing everyday activities
- The amount of time you have missed from work
- Interactions with your employer or its insurer
Also, write down all information related to your medical visits. Write down the name of each doctor you visited, as well as specialists or other physicians your employer requested you to see. When you see a medical provider, keep all doctor’s notes, imaging results and other medical records. Comprehensive medical records can help you establish a workers’ compensation claim.
File a Workers’ Compensation Claim
In Louisiana, there is a one-year statute of limitations to pursue a workers’ compensation claim, according to LA Rev Stat § 23:1209.
However, you should file a claim immediately to receive the benefits you need to recover from your injury. For this reason, you should contact a workers’ compensation lawyer as soon as possible after suffering an injury during a workplace accident. He or she will work to help you file your claim within the one-year deadline and build a solid case to secure your workers’ compensation benefits.
Contact Our Attorneys for Help
If your workers’ compensation claim is denied, it is important that you contact a qualified attorney for experienced legal representation.
Simien & Simien’s trusted team of attorneys work on a contingency fee basis, which means we provide our legal services at no upfront cost. We will review your workers’ compensation claim to help you determine if you are being provided the benefits you deserve.
Contact us today to schedule a free, no obligation consultation. There is no risk in finding out how our attorneys can help you after being injured in a work-related accident.