Workers' compensation is an insurance program designed to provide benefits to those hurt in work related accidents or diagnosed with a work-related illness. Example injuries include: lifting injuries, broken bones, occupational diseases, repetitive motion injuries (like carpal tunnel syndrome), burn injuries, and toxic exposure.
Workers' compensation is a no-fault system, meaning the injured employee does not have to prove the employer's negligence caused the accident. It doesn't matter who caused the accident, whether it is the injured employee, a co-worker, or someone not affiliated with the employer. If an employee is hurt in a workplace accident, the employee is covered and becomes eligible for benefits the very first day of work.
Workers' compensation pays the cost of all reasonable and necessary medical treatment related to the injury. In addition, an injured employee is eligible to receive partial wages during the time the employee is left unable to work or has restrictions preventing the employee from making at least 90% of the employee's pre-accident wages. If the injured employee cannot return to his/her prior job because of the injury, the injured worker may also be entitled to vocational rehabilitation benefits to assist in finding a new job.
The difficulty with obtaining Workers' Compensation benefits is that it can be very challenging and time consuming. The laws regarding workplace injuries are complex. Understanding what is covered and what your rights are isn't always easy without help from a lawyer. There are certain steps injured employees should take after getting hurt to protect their rights to these benefits and certain actions which can actually hurt their claim.
In addition, employers or their insurance companies often challenge your claim for benefits. Their interest is in paying as little as possible. So they question the accident, the extent of injuries, the necessity of medical treatment. They may contend the accident was reported untimely or suggest the injury was pre-existing or certain medical treatment is not necessary. Employers often pressure injured employees to return to work too soon, while they are still recovering from their injuries, which endangers not only the injured worker but also those working with or around the injured worker.
After a workplace injury, it is important you know your legal rights, including your right to receive Workers' Compensation benefits. If you were injured in a workplace accident or have been diagnosed with a work-related illness in Louisiana, don't delay. You need an experienced work accident attorney fighting for you. Contact Delsa Law Firm, LLC, for a free and confidential consultation with Attorney Delsa. Call (985) 882-1222 or fill out the form on this page.
Attorney Delsa spent years representing employers and their insurance companies and is familiar with their tactics and strategies and how they try to avoid their responsibility. Attorney Delsa will meet with you and explain your options and answer any questions you have about your claim. Attorney Delsa will help you understand your rights and will make sure you don't make any of the common mistakes that end up costing injured workers access to Workers' Compensation benefits. Attorney Delsa is focused and will work on getting the best possible outcome for you, whether that means pursuing a settlement or litigating the case to trial.