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Assumption Parish Workers’ Compensation Lawyer

If you suffered an injury while on the job, you may be able to recover benefits for your injuries by filing a workers’ compensation claim. Employees who are harmed in an accident arising out of or in the course of their employment in Assumption Parish can file this type of claim with their employer for benefits under the Louisiana Workers’ Compensation Act.

If you suffer a workplace injury while performing normal job duties, an Assumption Parish workers’ compensation lawyer could help you pursue the monetary compensation that you and your family may need while you recover. Contact a seasoned personal injury attorney today to schedule a consultation.

Basics of Workers’ Compensation

In the state of Louisiana, there is a presumption that a person is an employee governed by the Workers’ Compensation Act if that person renders service for another in any business, trade, or occupation covered by the Act, according to Louisiana Revised Statutes §23:1044. A contractor could also be entitled to workers’ compensation benefits from the principal of the contract as if the principal were an employer, per Louisiana Revised Statutes §23:1061.

Most employers in Louisiana carry insurance for worker’s compensation claims. Benefits could include expenses for medical coverage and compensation for time away from work due to the job-related accident. Certain occupational diseases could also be compensable when they are shown to have been contracted within 12 months of employment. For more information about workers’ compensation, call a knowledgeable lawyer.

Exemptions under the Louisiana Worker’s Compensation Act

Exemptions from the category of employees covered under the Louisiana Worker’s Compensation Act are set forth in Louisiana Revised Statutes §23:1035(B)(1), and include:

  • An employee of a private residential householder
  • Performers and musicians who do business under contract
  • A salesperson or real estate broker licensed to do business in Louisiana
  • Uncompensated officers and uncompensated members of boards of directors of certain nonprofit organizations
  • An employer acting as a common carrier in interstate or foreign commerce by railroad
  • Crew members of airplanes that conduct dusting or spraying operations
  • Employees covered by other workers compensation statutes, such as the Federal Employer’s Liability Act

Types of Benefits Covered

Louisiana Revised Statutes §23:1221 sets forth the various types of disability benefits recoverable by an employee. Depending on the circumstances, an employee in Assumption Parish may be able to receive temporary total disability benefits, permanent total disability benefits, permanent partial disability, or supplemental earnings benefits.

In addition, Louisiana Revised Statutes §23:1231 sets forth death benefits that are recoverable by the surviving spouse and/or dependents of an employee, with a limit of $8,500 in burial expenses.

Calculation of Benefits

The compensation rate for workers’ comp benefits in Assumption Parish is based upon the filing employee’s average weekly wage. Filing employees may receive two-thirds of their average wages for most of the types of covered benefits. Most employees who are entitled to benefits receive the first payout 14 days after their employer or insurer has knowledge of their injury. A workers’ compensation lawyer in Assumption Parish could help someone calculate the benefits they are entitled to.

Disputes

If an employer denies a workers’ compensation claim in Louisiana, the injured employee has the option to file a Disputed Claim for Compensation which initiates an administrative law proceeding. This could lead to a hearing on the claimant’s petition, where physicians give expert testimony concerning whether the injury is permanent, temporary, total or partial.

The parties might also choose mediation to resolve the issue in dispute, under Louisiana Revised Statutes §1310.3.D(1).

How an Assumption Parish Workers’ Compensation Attorney Could Help

The state of Louisiana follows certain deadlines for filing a worker’s compensation claim. An injured employee has 30 days to give notice of the injury to the employer by filing a Form 1007 Employer First Report of Injury/Illness.

An Assumption Parish workers’ compensation lawyer could assist you in completing this form to ensure that all facts are stated to provide grounds to support a successful claim. In the event an employee denies a claim, an attorney could also advocate on your behalf for a reinstatement or reconsideration of benefits.