How Work-Related Injuries Can Affect Your Pay

Read Time: 4 minutes

TL;DR

  • Under Louisiana law, workers who suffer injuries in the workplace while performing their job duties have the right to medical care—regardless of whether they have been temporarily or permanently injured.
  • Injuries covered by workers’ compensation include a specific, one-time accident or occupational injuries caused by repetitive motions or repeated exposure to harmful conditions.
  • Workers’ compensation may not cover an injury that is reported to the employer after the injured worker is told he or she will be laid off or terminated.
  • By law, your employer cannot fire you for filing a workers’ compensation claim.
  • Employees injured on the job and unable to work due to the injury sustained are entitled to fair compensation for reasonable and necessary medical bills, indemnity benefits, vocational rehabilitation benefits and even travel expenses.

Workers injured on the job are entitled to certain rights that involve compensation through different types of benefits. It’s important that any injured worker seek legal representation to ensure fair compensation for their workers’ compensation claim.

Workers’ Compensation in Louisiana

Under Louisiana law, workers who suffer injuries in the workplace while performing their job duties have the right to medical care—regardless of whether they have been temporarily or permanently injured. Furthermore, the state requires most employers to carry workers’ compensation insurance; under this system, most reasonable and necessary medical expenses are covered, including hospital visits and stays, physical therapy, prescriptions, nursing or other long-term care.

Perhaps just as important is the fact that injured workers may recover lost wages related to their accident injury. South Louisiana, in particular, affords extra benefits to longshoremen, shipyard workers and harbor workers under the Jones Act and the Longshore and Harbor Workers Act, both federal laws designed to offer further protection to these types of laborers.

The Basics

If you get hurt on the job, your employer is required by law to pay for workers’ compensation benefits. This could include:

  • A specific event that causes an injury such as hurting your back in a fall or getting burned by a chemical splash.
  • Repeated exposure or repetitive motion that causes an injury such as carpal tunnel from typing or losing your hearing due to constant exposure to loud noises.

It’s important to note that workers’ compensation covers some, but not all, stress-related injuries caused by your job. Workers’ compensation may not cover an injury that is reported to the employer after the injured worker is told he or she will be laid off or terminated.

Some Things to Consider

By law, your employer cannot fire you for filing a workers’ compensation claim. If you believe you were wrongfully fired due to your workers’ compensation claim, contact an experienced workers’ compensation attorney to handle your case today.

Employees injured on the job and unable to work due to the injury sustained are entitled to fair compensation for reasonable and necessary medical bills, indemnity benefits, vocational rehabilitation benefits and even travel expenses. The following benefits apply to workers injured on the job in Louisiana:

 

  • Access to Louisiana Workers’ Compensation Insurers – Following an accident, some employers may refuse to provide the name of its insurer to the injured employee in an attempt to discourage the employee from making a claim; if this is the case, contact a reliable workers’ compensation attorney immediately.
  • Indemnity Benefits for Lost Wages – This includes payment by your employer and insurance company to cover your wages from time lost. This is beneficial because lost wages can typically affect two-thirds of your average weekly salary.
  • Medical Benefits – Accident-related medical bills are paid by the employer and its workers’ compensation insurer; treatment beyond $750 requires the compensation insurer’s approval unless it’s under emergency conditions that the care is provided.
  • Choice of Physicians – It is your right to select your treating physician in any specialty or field.
  • Vocational Rehabilitation Benefits – Generally, if you can’t return to your job at which the injury occurred, the employer is required to engage in a labor market survey to find available doctor-approved jobs in your geographic area.
  • Mileage Benefits – All expenses related to “necessary and reasonable” obtainment of services should be paid, along with medicines and prosthetic devices.

 

Choosing the Right Workers’ Compensation Attorney

If you have been injured on the job and are concerned about lost wages, it is important to know what your rights are as a Louisiana employee. At the Law Office of Stephen C. Gaubert, we specialize in workers’ compensation law and can ensure that you get the compensation and benefits you deserve.

© 2017 Stephen C. Gaubert | A Professional Law Firm

Privacy Policy | Site Map