Workers' Compensation

Choosing the right workers’ compensation attorney is an important decision, as the workers’ compensation claims process can be very complex and involve many stages which can cause some firms to cut corners with their clients’ legal representation.

At The Law Office of Stephen C. Gaubert, we want to share our legal knowledge and expertise, as well as educate you on your rights as a Louisiana employee, empowering you to make responsible and informed decisions in case of a work-related injury or illness.

While most claimants wait until their benefits are stopped or they are denied essential medical treatment by their employer’s workers’ compensation insurance company before they consider hiring an attorney, we strongly advise that all individuals with workers’ compensation claims seek legal representation early to ensure you get the settlement you deserve.

In more than 90 percent of the workers’ compensation cases we’ve seen, insurance companies have significantly violated an individual’s rights, making it extremely important that you seek legal representation at the start of your workers’ compensation case.

How can an attorney strengthen your workers’ compensation case?

The last thing you need when looking for a workers’ compensation attorney is “the hard sell.” We want to share our legal knowledge and expertise, as well as educate you on your rights as a Louisiana employee, empowering you to make responsible and informed decisions in case of a work-related injury or illness.

Having an attorney involved in your case early on can keep your employer and their workers’ compensation company from sending you to their preferred company doctor who could minimize your injuries and send you back to work, potentially making your condition worse.

The reputation of an experienced workers’ compensation lawyer and his guidance on your case can be very powerful in settlement negotiations and the amount you ultimately receive in compensation.

Should I hire a workers’ compensation attorney?

There are several aspects of workers’ compensation claims to consider when deciding whether or not to hire an attorney. If you are denied benefits or are asked to appear before a workers’ compensation judge, the advice and representation of an attorney experienced in this practice area can prove resourceful.

• If your employer attempts to terminate, suspend or modify your benefits
• If you wish to have your benefits reinstated after they’ve been discontinued
• If you wish to have your case settled — meaning you would prefer a lump sum payment

Be sure to review any documents you do not fully understand with an attorney before signing them.

What your attorney will collect

Your attorney will contact the workers’ compensation insurance company to let them know you have representation in case your rights are violated. Insurance companies understand that an attorney can force them to pay benefits plus penalties and attorney fees if they are arbitrary and unfair to you.

• Medical bills
• Medical records
• Doctors’ narrative reports
• Test results
• Employment background

Unrepresented vs. represented cases

When an attorney is present from the beginning of the case, they can have a suit filed immediately, a court appearance within days, and a fast trial process compared to being unrepresented.

An unrepresented client who trusts their employer’s workers’ compensation company to do the right thing typically hires an attorney only after their rights are violated. It can take several months before that attorney has the information needed to file suit — and during that delay you might be without benefits or essential medical treatment.

Choosing the right legal team

If you’ve never had a workers’ compensation claim before, don’t know your rights, have questions, doubts, fears or concerns, or just don’t know what to do, we encourage you to contact us and schedule a consultation to discuss the details of your unique case.