Workers’ compensation in Louisiana provides employees with medical care and financial benefits after a workplace injury. Whether you were injured in a one-time accident or developed a long-term occupational illness, understanding Louisiana workers’ compensation benefits is crucial.
Our Louisiana workers’ compensation lawyers can help you file a claim and get the benefits you deserve.
Who Qualifies for Workers’ Compensation in Louisiana?
To qualify for workers’ compensation benefits in Louisiana, an employee must be injured or become ill due to their work duties. Full-time, part-time, and seasonal workers are generally covered, but most volunteers are not.
Common examples of work-related injuries include:
- Slips, trips, and falls
- Back injuries from lifting heavy objects
- Repetitive motion injuries such as carpal tunnel syndrome
- Occupational diseases like asbestosis
- Injuries caused by equipment malfunctions
How Much Does Workers’ Comp Pay in Louisiana?
Louisiana law provides several types of workers’ compensation benefits.
Temporary Total Disability (TTD) Benefits
If your injury temporarily prevents you from working, you may be entitled to Temporary Total Disability (TTD) benefits. These benefits pay two-thirds of your average weekly wage (AWW), capped at 75% of the state’s average weekly wage.
Benefits typically start after the first week unless the injury extends beyond two weeks. These payments continue until you no longer need regular medical treatment and doctors can assess if you are left with a permanent disability.
Supplemental Earnings Benefits
You cannot receive temporary disability benefits in Louisiana if you’re able to work at all (including self-employment). However, you may qualify for supplemental earnings benefits if you cannot earn at least 90% of your pre-injury wages.
These benefits are calculated as two-thirds of the difference between the pre-injury wage and the current earning capacity. SEB payments can last for up to 520 weeks unless the worker retires before the period ends.
Permanent Partial Disability Benefits
You may qualify for permanent partial disability benefits if you have a lasting impairment that doesn’t completely prevent you from working may receive permanent partial disability benefits.
PPD benefits pay two-thirds of your average weekly wage, and Louisiana has two different methods to calculate how long these benefits last.
Scheduled Disabilities
Specific body parts (like hands, feet, or eyes) have pre-determined compensation schedules. For example, losing a hand provides benefits for 150 weeks; losing 10% of the hand offers 15 weeks of compensation.
Unscheduled Disabilities
PPD benefits may last up to 100 weeks if you have any of the following permanent impairments:
- Serious impairment affecting the respiratory, gastrointestinal, or genito-urinary system
- Serious disfigurement
- Hearing loss caused by a single traumatic accident
Catastrophic Injury Benefits
Louisiana provides additional compensation for certain catastrophic injuries, such as severe burns or the loss of multiple limbs. Workers who experience such debilitating injuries are eligible for a one-time payment of $50,000.
Additional Workers’ Compensation Benefits in Louisiana
Louisiana workers’ compensation covers medical care and provides death benefits for families.
Medical Benefits
Workers’ compensation covers all medical expenses, with no deductibles or copayments. This includes doctor visits, surgeries, therapies, and prescription medication. Workers’ comp also covers travel expenses related to medical care.
Vocational Rehabilitation
Workers unable to return to their previous jobs may receive vocational rehabilitation services. A counselor assists in job retraining or finding new employment opportunities that match the injured worker’s skills.
Death Benefits
If a worker dies due to a workplace injury within two years of the last medical treatment, death benefits are provided to the legal dependents of the deceased.
Surviving dependents receive a percentage of the deceased worker’s pre-injury wages in regular payments. If there are no legal dependents, $75,000 is split among the worker’s biological or adopted children.
Workers’ compensation covers up to $8,500 in burial expenses to ease the financial burden on grieving families.
How to File a Workers’ Compensation Claim in Louisiana
Filing a workers’ compensation claim in Louisiana requires careful attention to deadlines and documentation. Following the correct process ensures that you do not lose access to these vital benefits.
Report the Injury
Notify your employer about your injury or illness as soon as possible. In Louisiana, workers must report their injuries within 30 days. Failing to report an injury within this timeframe could result in a denial of benefits.
Seek Medical Treatment
Visit a doctor immediately to diagnose your injury and begin treatment. Make sure to tell the healthcare provider that the injury occurred at work so they can document it properly for your claim.
File a Formal Claim
If your employer or their insurance company denies your workers’ comp claim, you can file a Disputed Claim for Compensation with the Louisiana Office of Workers’ Compensation Administration (OWCA). You generally have one year from the date of the injury to submit this form.
Attend Mediation or a Hearing
In disputed cases, the OWCA will schedule mediation to try to resolve the issue. If mediation isn’t successful, the case will proceed to a hearing before a workers’ compensation judge. Having an experienced attorney improves your chances of securing the benefits you deserve.
Why You Need a Louisiana Workers’ Comp Lawyer
Navigating the workers’ compensation system can be challenging, especially when employers or insurance companies dispute your claim. Hiring an experienced workers’ compensation attorney like those at Ascend Disability can make all the difference. Here’s how we help:
- Claim Filing: We ensure your claim is complete, accurate, and submitted within the necessary deadlines.
- Gathering Evidence: We collect medical records, witness statements, and other evidence to support your case.
- Appealing Denied Claims: If your Louisiana workers’ comp claim is denied, we help you appeal the decision and represent you in hearings.
- Maximizing Benefits: We ensure you receive the maximum benefits available under Louisiana law.
- Negotiating Settlements: If a settlement is appropriate, we negotiate with the insurance company to secure a fair amount.
Call Ascend Disability for a Free Consultation
If you were injured on the job or developed a work-related illness in Louisiana, the workers’ compensation system provides essential financial and medical support. However, navigating the system can be complex, especially if your claim is denied or disputed. Ascend Disability in New Orleans is here to help you through the process. We fight for the rights of injured workers, ensuring they receive the benefits they are entitled to.
Whether you need help filing your initial claim, appealing a denial, or negotiating a fair settlement, our experienced workers’ compensation lawyers are ready to assist you. Contact Ascend Disability today for a free consultation. Let us help you get back on your feet and secure the benefits you deserve.
