Workers’ Comp in Louisiana
Workers’ Compensation law in Louisiana is found in Title 23 of Louisiana’s Law Revised Statutes. Workers’ comp is a legal remedy for employees who are injured on the job, entitling them to certain benefits. The benefits may include:
- medical care and medication
- lost wage benefits
- vocational rehabilitation services
- or death benefits
Employers or employers’ workers’ comp insurers are obligated to pay these benefits directly to, or on behalf of, eligible employees.
Every non-exempt employer is responsible for payment of the benefits to any employee injured in the course of employment.
If you have suffered a work-related injury in Louisiana, contact a Louisiana workers’ comp lawyer at the Law Offices of Street & Street for help in recovering all of your benefits.
Who is Covered by Workers’ Comp?
In Louisiana, most employees are covered from the first day of employment whether they are full-time or part-time employees, seasonal workers, or on salary. Certain subcontractors and independent contractors may be covered as “employees” if they work in furtherance of an employer’s trade or business or engaged in substantial manual labor.
There are some limited exemptions, such as domestic employees, real estate salespersons, most volunteer workers, and uncompensated corporate directors and officers of non-profit organizations. Public officials are specifically exempt.
What Injuries Are Covered by Workers’ Comp?
In Louisiana, the workers’ compensation law covers work-related physical injuries, mental injuries, and occupational diseases, as well as amputation or loss of use of body parts and disfigurement or scarring. Different requirements exist for recovering the different types of benefits. One of our experienced attorneys can help.
Can I Settle My Claim?
Louisiana law allows the parties to settle workers’ compensation claims, subject to approval by a Workers Compensation Judge. Evaluating claims for settlement and actually finalizing settlements of workers’ compensation claims is often a complicated process. Our experienced attorneys at The Law Offices of Street & Street can help.
Can I Get My Old Job Back?
Not necessarily. After a work-related injury, returning to work at your original job of injury is not guaranteed. An employer may not hold your job open for you, particularly if you are off of work for an extended period of time, though they can’t legally terminate you for being injured on the job. Additionally, injured workers often suffer permanent disability, making them unable to perform their job. Our workers’ compensation law provides you with rights in this situation as well. One of our experienced workers’ compensation attorneys can help you
Are Workers’ Comp Benefits My Only Choice for Compensation?
Probably so, at least with respect to your employer. The good news is you do not have to prove your employer was negligent in any way. Generally speaking, if you are injured at work, you are probably entitled to workers’ comp benefits.
The bad news is the workers’ comp benefits you are entitled to are usually your only avenue for compensation against your employer. This is commonly known as the “Exclusive Remedy Rule,” meaning workers comp is your “exclusive remedy” against your employer. If your injuries were caused by a non-employer third party, such as a vendor or some types of independent contractors, you may have an injury claim against those companies or individuals. Our attorneys have decades of experience with workers’ compensation and third-party claims and can help make certain your rights are protected.
Contact the Law Offices of Street & Street for More Information Regarding Workers’ Comp In Louisiana
Personal injury claims may come with significant additional damages, and we will assist you in evaluating your chances of success in any intentional tort or third-party claim, as well as help you navigate your workers’ comp claim.
If you have been injured in a work-related accident, either physically or mentally, contact the Law Offices of Street & Street for your free consultation. We work on a contingency fee basis.