If you were injured on the job or while engaging in a work activity, you may be wondering if you are eligible for workers' compensation.
The basics of workers' compensation eligibility are explained below. However, even if you qualify, you may have trouble navigating the process and recovering all of the compensation you deserve. That is why you should strongly consider working with a workers' compensation attorney in Baton Rouge.
The attorneys at Simien & Simien have decades of combined experience helping injured employees recover the benefits they are entitled.
What is Workers’ Compensation?
Workers’ compensation is a state-sponsored program that provides various benefits to employees who suffer injuries while engaging in work activities. These benefits apply when you are recovering and unable to work and may also apply if your injury caused a permanent disability or disfigurement.
Benefits include compensation for medical care and lost wages. The amount you receive for lost wages will be based on a portion of your average weekly earnings.
Some employees are also eligible for compensation to cover vocational rehabilitation to learn how to do their jobs with their new physical limitations.
If a worker dies due to the injury, his or her family may be eligible for death benefits.
Who is Covered by Workers’ Compensation?
Every employer in Louisiana is required to provide workers' compensation benefits to its employees, unless exempted by statute.
This means that almost any full-time, part-time or seasonal employee is eligible for benefits for an on-the-job injury, according to the Louisiana statute outlining workers' compensation requirements. Some independent contractors will be eligible for workers’ compensation as well, if they are involved in the pursuit of the employer's trade.
However, domestic employees and most real estate professionals and public officials are not entitled to workers’ compensation.
Employers must carry workers’ compensation insurance or receive approval to be self-insured.
If you are eligible for benefits but your employer does not have insurance, you can still file a claim. However, the claim will resemble a personal injury lawsuit and will not go through Louisiana's workers’ compensation system.
What Injuries Are Covered?
You should be able to obtain benefits for all mental and physical injuries that arise out of and in the course of your employment. Workers’ compensation also covers occupational diseases and illnesses.
However, Louisiana does not allow you to recover compensation for cumulative injuries, such as those that occur gradually.
Contact Simien & Simien To Discuss Your Claim
Workers’ compensation is a system designed to help injured employees. Unfortunately, filing a workers' compensation claim on your own can be difficult while you are dealing with an injury.
The Louisiana workers' compensation lawyers at our firm understand this and are prepared to manage your claim while you recover. Our goal is to obtain all of the compensation you need to support yourself and your family.
Your initial consultation with our firm is 100 percent free and we do not charge legal fees unless you receive compensation.