File in Court or Apply for Workers’ Comp? What Do I Need to Do After I Am Injured at Work in Louisiana?
When a Louisiana worker gets hurt on the job, the stress of pain, medical appointments, and time away from work can be overwhelming for them. On top of that, they may be unsure of their legal rights and options under Louisiana laws, and they may be wondering if they should apply for workers’ compensation benefits or file a lawsuit in court. The truth of the matter is that understanding the difference between these two paths, and which route to go in your workplace injury case, is essential to protecting your rights and ensuring you receive the help you need. Here we break down what Louisiana workers’ compensation is, and when to file for workers’ compensation benefits in Louisiana.
Louisiana Workers’ Compensation: The Basics
To start off, it is important for Louisiana workers to understand the basics of the Louisiana workers’ compensation system. The Louisiana workers’ compensation system is, simply put, no-fault insurance that most employers within the State of Louisiana are required to carry. It is designed to provide injured Louisiana workers with medical treatment, wage replacement, and other benefits without the need to prove fault in order to get them. As such, if you are seriously hurt while performing your job duties, Louisiana workers’ compensation benefits can help cover your medical bills, pay you a portion of your lost wages, and provide rehabilitation services to help you return to work.
Filing for Workers’ Compensation Benefits After a Serious Workplace Accident in Louisiana
When should injured Louisiana workers file for workers’ compensation benefits? The reality is that the vast majority of workplace accident cases fall under Louisiana workers’ compensation laws. In Louisiana, if your workplace injury happened while performing your regular work duties, you will usually start off with filing a workers’ compensation claim. You must notify your employer within a certain number of days established by Louisiana laws and complete the required claim forms. Missing these deadlines can jeopardize your right to benefits. As such, it is important to speak with an experienced Louisiana workers’ compensation lawyer as soon as possible to help you with the process.
It is also important to keep in mind that there may be certain limited scenarios in which a Louisiana worker can file a lawsuit in court against their employer for their workplace injury. These types of cases include when there is misconduct on behalf of the employer, or when there is third-party liability. Again, speaking with an experienced Louisiana workers’ compensation lawyer is the best place to start to ensure that you are protecting your rights in your specific and unique case.
If you were injured at work in Louisiana and you need legal help getting Louisiana workers’ compensation benefits due to you, contact the experienced Louisiana workers’ compensation lawyers at the law firm Lunsford Baskin & Priebe, PLLC. Contact Lunsford Baskin & Priebe, PLLC and speak with an experienced Louisiana lawyer now.
