New Orleans Permanent Total Disability Benefits Lawyer
After an accident, most workers hope to return to work in some fashion. Unfortunately, serious injuries and occupational illnesses can make that dream impossible. Instead of being able to work, our clients are permanently disabled and many fear for their futures. The good news is that Louisiana’s workers’ compensation system provides Permanent Total Disability benefits, called PTD. The bad news is some insurers deny benefits and fight to keep you from getting the help you deserve.
Lunsford Baskin & Priebe is committed to helping injured workers in their fight for fair treatment. Our New Orleans permanent total disability benefits lawyer can meet with you to review your case if you call us today.
Permanent Total Disability Benefits are a Lifeline
Not all workers get PTD benefits automatically. To qualify, you need to show by clear and convincing evidence that you cannot work any job. Essentially, you must show you cannot do self-employment, limited or odd-lot employment, or sheltered employment.
If you can return to work in any capacity, even if you feel intense pain while working, you will probably be denied permanent total disability benefits.
These benefits are difficult to receive in Louisiana. There are many hoops to jump through, and the law is written in such a way that many workers will be denied. For example, the law prevents a finding of permanent total disability if you can work in pain—regardless of the extent of your pain. Generally, we see workers qualify for permanent total disability benefits only after suffering devastating spinal or brain injuries or when they lose multiple limbs.
Generally, workers can receive 2/3 of their average weekly wage. This is the amount you earned before being injured. If you made $600 a week, then you would receive $400 a week in PTD benefits. Louisiana has set a maximum and a minimum based on the year you qualify, so some workers might receive a different amount.
Those who manage to secure permanent total disability benefits can receive them for life. This is probably why insurers fight so aggressively.
An experienced attorney can help strengthen your claim:
- Analyze and collect medical evidence that shows you are totally and permanently disabled.
- Review whether there are jobs you can perform given your disability.
- Analyze any denial of permanent total disability benefits and draft arguments in your favor.
- Present a case on appeal to an administrative law judge showing why you are permanently and totally disabled.
With the right legal team, your odds of success go up.
Call Us Today
Someone who is permanently disabled needs benefits, otherwise they could become wards of the state. With so much on the line, you need to call a New Orleans permanent total disability benefits lawyer at Lunsford Baskin & Priebe today. We have deep experience with these indemnity benefits and how to obtain them for our clients. As an added benefit, you will never have to pay us any upfront legal fees to get us to agree to represent you.