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Lunsford, Baskin & Priebe PLLC. Motto
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Forbes Article Highlights Caps On Workers’ Compensation Payments In Louisiana And Other States


For any worker, getting injured on the job can be very disruptive to not only their physical health, but also to their financial stability. Getting injured on the job to the point where a worker cannot work can put a worker out of work for months, even years on end, and the thought of no income coming in during that time can be extremely frightening on top of a serious injury. Fortunately, in Louisiana, and in most states in the U.S., state workers’ compensation laws entitle most workers who are injured on the job and who cannot work to workers’ compensation benefits, such as the cost of medical expenses and treatment, job training, compensation for lost wages, and other important benefits.

Although most workers in the United States are entitled to workers’ compensation benefits in the case of a workplace injury, not all states are equal when it comes to their workers’ compensation laws, and not every workers’ compensation case is paid out the same way. In most states, how much money an injured worker is entitled to depends on a variety of different factors, and every case is unique. In addition, how much money an injured worker is entitled to for wage replacement compensation often depends on the state, the injury, and the amount of the injured workers’ income or salary prior to their workplace injury. Furthermore, some states impose limitations on how much an injured worker can collect in wage replacement. An article this week by Forbes highlights these wage replacement “caps” in Louisiana and other states.

As the Forbes article explains, most states have limitations on how much an injured worker can receive in wage replacement workers’ compensation benefits. While typically workers in most states are eligible to receive 2/3 of their wages prior to the workplace injury in wage replacement benefits, which is typically referred to as a “weekly maximum” benefits payment, higher income earners may not get the full 2/3 of their salary due to state workers’ compensation benefits caps. For example, as Forbes notes, in California, the current 2023 weekly maximum benefit payment that a worker can receive is $1,539.71. In Delaware, by way of another example, the weekly maximum payment for workers’ compensation wage replacement benefits is $822.70. In Louisiana, the cap on workers’ compensation wage replacement benefits is $688. This means that if a Louisiana worker made $900 per week on average before their workplace injury, they would be entitled to 2/3 of the $900 in wage replacement benefits, which would be $600. In this scenario, the worker would get their full maximum wage replacement benefits, because the benefits are lower than the cap. Contrast that with a worker who made $1,200 per week before their workplace injury. With 2/3 of their salary being $900, this worker would still only get $688 per week, due to the maximum benefits cap.

Help with Your Louisiana Workers’ Compensation Claim

Workers’ compensation claims are complex and fact-dependent, and working with an experienced Louisiana workers’ compensation lawyer can make the Louisiana workers’ compensation benefits process easier to handle. An experienced Louisiana workers’ compensation lawyer will listen to your workplace injury story and explain your rights and options. The experienced Louisiana workers’ compensation lawyers at Lunsford Baskin & Priebe offer a free and confidential consultation to learn about your workplace injury case and to see if they can help. Contact Lunsford Baskin & Priebe today and speak to a lawyer about your rights for free.


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