Am I Suing My Employer? The Difference between Employment-Related Lawsuits and Workers’ Compensation Claims in Louisiana

The Louisiana workers’ compensation system aims to get injured workers back on their feet after suffering a temporary or permanent disability due to a workplace-related injury. Under Louisiana workers’ compensation laws, most injured Louisiana workers who suffered a workplace accident are entitled to important workers’ compensation benefits such as wage replacement benefits while they are unable to work, disability benefits, medical expense reimbursement for treatment related to the workplace injury, vocational rehabilitation services and more. However, the Louisiana workers’ compensation system can be complex and it may leave many injured Louisiana workers wondering just how it all works and where to begin. One question that some injured Louisiana workers may have is whether applying for workers’ compensation is the same thing as bringing a civil lawsuit against their employer. The answer is that filing a workers’ compensation claim and bringing a civil lawsuit for damages in Louisiana are two different processes. To help injured Louisiana workers better understand the differences between civil lawsuits and workers’ compensation claims, we put together this short FAQ.

Do I File a Louisiana Workers’ Compensation Claim in Court?

The answer is no. In Louisiana, workers’ compensation claims are not claims brought under civil law, but, rather, are claims brought through the workers’ compensation system. The process is an administrative one, as opposed to a lawsuit. If your workers’ compensation claim is denied by your employers’ insurance company, you can file a Disputed Claim for Compensation with the Louisiana Workforce Commission, rather than in Louisiana civil court. The claim will then be processed by the state agency.

Do I Have to Prove that My Employer was at Fault in Order to be Granted Louisiana Workers’ Compensation Benefits?

The answer is no. This is where claims brought in civil court and workers’ compensation claims differ dramatically. In a lawsuit, a plaintiff has the burden to prove their case. However, in a Louisiana workers’ compensation case, an injured worker need not prove that their employer was at fault in order to be granted workers’ compensation benefits. The Louisiana workers’ compensation system is a no-fault system.

Can I Hire a Lawyer to Help me with My Louisiana Workers’ Compensation Case?

The answer is yes. Here is where the Louisiana workers’ compensation system and the civil legal system have some similarity. In both systems, the person bringing the case – that is the plaintiff or injured worker – has the right to be represented by counsel. For the best chance of success in your Louisiana workers’ compensation case, it is advisable to consult with an experienced Louisiana workers’ compensation lawyer as soon as possible.

If you suffered a workplace injury in Louisiana and you are interested in finding out if you may be eligible for Louisiana workers’ compensation benefits, contact the experienced Louisiana workers’ compensation lawyers at Lunsford Baskin & Priebe. The experienced Louisiana workers’ compensation lawyers at Lunsford Baskin & Priebe offer a free and confidential consultation to learn about your case and to see if they can help. Contact Lunsford Baskin & Priebe and speak to a lawyer about your case today.

Source:

laworks.net/WorkersComp/OWC_WorkerMenu.asp