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Workers injured on the job are entitled to medical care paid by the employer or the employer’s workers’ compensation insurance company. The employee is responsible for reporting the accident to the employer and the insurance company.
Since every accident reported will affect the employer’s record with the insurance company, some employers are not cooperative in providing an injured worker. In the case of a fatal accident, surviving family members with the insurance company’s information so a claim can be filed. Some injured workers find that after reporting an accident, the insurance company unfairly denies worker’s compensation benefits. A Shreveport personal injury attorney at our firm is experienced in assisting those who have been injured to overcome these obstacles.
On the job injuries may occur in a truck accident while making a delivery or a car accident while running an errand for the boss. Construction accidents can mean temporary or permanent disability from a fall or other serious mishap. Oil field accidents or explosions can cause severe burn injuries, brain injury, and other catastrophic injuries.
Any person injured in a work-related accident is entitled to certain benefits which include:
kick in after the first week of missed work; you are not paid for the first seven days you are unable to work unless you are unable to work for at least 14 days. Temporary disability benefits in Louisiana equal two thirds of your average weekly wage, subject to a weekly maximum amount set each year. As of September 2019 (and effective until August 2020), the weekly cap on temporary disability benefits in Louisiana is $688 per week. Additionally, the current minimum weekly amount is $183. According to the Louisiana Office of Workers’ Compensation Administration (OWCA), the average weekly wage in the state is $916.85; a person who makes this amount can recover up to $611.23 per week. Temporary disability benefits are paid until a person reaches maximum medical improvement (MMI) or until the person is able to return to work (as determined by their treating physician).
are paid once a person reaches maximum medical improvement (MMI) and their doctor evaluates them for permanent impairment. Only if you are determined to have a permanent disability are you eligible for permanent disability benefits. If your doctor determines that you are permanently and totally disabled, meaning you cannot work at all, you will continue receiving wage replacement benefits at the same rate as your temporary disability benefits for as long as you are impaired. If you sustain certain injuries—including the loss of specific body parts, serious disfigurement, hearing loss, or debilitating respiratory, urinary, or gastrointestinal impairment—you may qualify for permanent partial disability benefits. These equal two thirds your average weekly wage for a specific time period determined by the state’s schedule and your impairment rating (given to you by your doctor). You may also be eligible for an additional, one-time settlement of $50,000 if you suffer a catastrophic injury.
Depending upon the circumstances of your or your loved one’s accident you may be entitled to additional compensation. In which case a skilled workers’ compensation lawyer can review your case for additional sources of compensation while ensuring that you receive the maximum benefits to which you are entitled. An investigation may find that equipment malfunctions because of faulty design or incorrect or inadequate manufacturer’s instructions actually caused the accident.
This could mean a claim for damages could be brought against the responsible entity. Temporary or permanent disability can cause financial hardship for a family even with workers’ compensation benefits. Morris & Dewett Injury Lawyers has a reputation for careful investigation to ensure an injured client is fully compensated.