If you have been injured at work, you have the right to file a Louisiana workers’ compensation claim for damages. However, a workers’ compensation claim is very different from a personal injury claim. You need to know what benefits are available and how payments are determined so you know what to expect and can plan for your recovery.
While you cannot usually file a lawsuit against your employer when you are hurt on the job, you may be able to file suit against a third party responsible for your damages. If this is an option, you can file the third party lawsuit in addition to your workers’ compensation claim.
At Anderson Blanda & Saltzman, our workplace accident attorneys in Lafayette have decades of experience helping injured workers recover the maximum compensation they are entitled to and we are committed to doing the same for you. Call (337) 233-3366 or visit us online to schedule a free consultation to discuss your work related injury claim.
Determining the Value of Your Workers’ Compensation Claim
As provided by the Louisiana Workers’ Compensation Law, you can receive temporary total disability (TTD) benefits to replace a portion of your lost income if you are injured on the job and are immediately unable to return to work. The benefits you receive will be equal to two-thirds of your average weekly wage at the time of your injury. However, if Louisiana law caps these benefits with minimum and maximum weekly amounts.
If you were injured between September 1, 2024 and August 31, 2025, the maximum weekly benefit you could receive is $845 and the minimum amount you could receive is $225. If two-thirds of your weekly wages before your injury was more than $845, you can still only receive the maximum of $845. And if two-thirds of your weekly wages before your injury was less than $225, you would still receive at least $225 in weekly benefits.
In addition to this wage replacement benefit, workers’ compensation will cover all your necessary medical treatment that is related to your work injury. Unlike health insurance coverage, you will not pay any copayments or deductibles for approved treatments.
Your employer or their insurance carrier will usually tell you which medical providers are approved by them. However, if you want a second opinion, or if you disagree with their recommended treatment plan, you may be able to see other providers.
Louisiana workers’ compensation also offers other benefits, depending on your injury and circumstances. They may provide vocational rehabilitation or retraining if you are unable to perform the job you had before your injury. If you suffer a catastrophic injury such as paralysis, severe burns, or amputations, you may also be entitled to a supplemental benefit of up to $50,000.
Workers’ compensation also provides permanent disability benefits for some injured workers. If your injury results in a lasting disability, your wage benefits can continue for a limited period of time, depending on the severity and type of your injury. And if you are permanently unable to perform any type of work due to your injuries, workers’ compensation may provide permanent total disability benefits for an indefinite period.
What If My Loved One Died Because Of A Work Injury?
If a work-related injury or illness causes death, workers’ compensation will pay a death benefit to the deceased’s surviving dependents. The benefit depends on the workers’ pre-injury wages. If the deceased worker did not have any surviving legal dependents, their children can receive a lump-sum payment of $75,000. Additionally, workers’ compensation pays up to $8,500 in reasonable burial expenses.
Can I File a Lawsuit and a Workers’ Compensation Claim?
While you cannot typically file a lawsuit against your employer, you can file suit against a third-party that contributed to the cause of your accident. In some work accidents, contractors, vendors, and others on the job site who are not co-employees, may be at fault or partially at fault for the accident that caused your injuries. In that case, you would be able to file your workers compensation claim in addition to filing a personal injury suit against the at-fault third party.
Do I Need a Lawyer for a Workers’ Compensation Settlement?
Even though workers’ compensation is designed to protect injured workers, insurance companies may attempt to devalue your claim or pressure you to return to work too soon. An experienced Louisiana personal injury attorney can protect your rights and help you secure the maximum workers’ compensation benefits you are entitled to.
They can also investigate your accident to determine whether a third party may have any liability for your damages and if so, help you secure the full value of your personal injury claim.
Schedule a Free Consultation With an Anderson Blanda & Saltzman Attorney Today
If you have been injured on the job and have questions about your workers’ compensation benefits or believe that a third party may be liable for your damages, we want to help you. Call (337) 233-3366 or complete the short form on our contact page and schedule a free consultation to discuss your options.