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Questions & answers

— You ask, we answer —

I was injured on the job. What rights and damages am I entitled to?

If your injury or illness is found to be job-related, you may be entitled to receive medical care for the injury or illness, disability compensation for a portion of your listed wages, rehabilitation services, and, in the event of your death, benefits payable to your survivors. Protect yourself and your family by hiring an attorney to represent you — companies aren’t going to pay without a fight.

What happens if I am denied workers’ compensation benefits?

One option you have is to file a Disputed Claim for Compensation, which is an administrative law proceeding through one of ten offices in the State of Louisiana. This process could take six to nine months, or longer if the case is appealed. Our office can help you dispute the claim correctly by guiding you through the entire process.

Who pays for workers’ compensation benefits?

Workers’ compensation benefits are paid by your employer, if he is self-insured, or by his workers’ comp insurance carrier. There are certain exempt employers. No benefits are paid by the Office of Workers’ Compensation Administration (OWCA). Getting workers’ comp is a complicated process, so let a professional attorney help you.

Do I need an attorney in my workers’ compensation case?

There are several very important aspects of workers’ compensation claims to consider when deciding whether to hire an attorney. If you are ever denied benefits or are asked to appear before a workers’ compensation judge, the advice and representation of an experienced attorney can be quite valuable. You may also need an attorney if your employer attempts to terminate, suspend, or modify your benefits; if you wish to have your benefits reinstated after they’ve been discontinued; or if you wish to have your case settled. It is important that you do not sign any papers that you don’t fully understand without first showing them to an attorney.

Regrettably, most claimants wait until their benefits are stopped or they are denied essential medical treatment before they hire an attorney. This is a mistake. An attorney can walk beside you every step of the way and explain, in detail, the events of your case as they unfold — collecting your medical bills, medical records, doctors’ narrative reports and test results, and contacting the insurance company to let them know your rights are being protected.

Often, the severity of your injury will dictate whether the services of an attorney are warranted. A minor injury with minimal medical treatment and no lost time may on occasion be handled without an attorney. On the other hand, if you have an injury which involves significant pain and suffering, possible disability, and referral to a specialist such as an orthopedic surgeon or a neurosurgeon, it is generally a good indication your injury is severe enough to benefit from retaining an attorney.

If you have been hurt by someone who does not work for your employer (a third party), you may be able to bring a separate lawsuit against that party in addition to your workers’ compensation claim. This includes, among other things, on-the-job auto accidents and injuries caused by improperly designed or defective machines.

What if I have a question that isn’t answered here?

Your important legal problem is something that needs discussion, and I would love the opportunity to answer any specific questions you have and furnish you with some general information based on the facts of your claim. If you have never had a claim before, don’t know your rights, have questions, doubts, fears, or concerns, or just don’t know what to do, I encourage you to contact us. Please give us a call and we would be more than happy to help you.

General information only — nothing on this page is legal advice about your situation.

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