If you were injured in a workplace accident in Crowley, Louisiana, you might have a few options for compensation. You’ll likely be entitled to workers’ compensation benefits, and you may also be eligible to file a third-party claim for additional damages.
A Crowley workplace accident lawyer at Kenny Habetz Injury Law will determine whether you qualify to file a personal injury case and work to maximize your financial recovery.
Our legal team has more than a decade of experience and is passionate about providing exceptional client service in personal injury cases involving Crowley car accidents, truck accidents, Crowley motorcycle accidents, wrongful death and more. Since our founding in 2010, we’ve acquired millions of dollars for accident victims throughout southern Louisiana.
How Can Kenny Habetz Injury Law Help After a Workplace Accident in Crowley, LA?
Many workplace accident victims are unsure of the workers’ compensation process and have several questions regarding their rights, responsibilities, and how to proceed.
We’re here to answer your questions and provide guidance every step of the way. You’ll never feel like a number with our Crowley personal injury lawyers or wonder what’s going on in your case. We pride ourselves on providing open and honest communication and ensuring that you understand the implications of your decisions.
Hiring Kenny Habetz Injury Law for help with a work injury case means you’ll have a trusted legal advocate to:
- Investigate your workplace accident and determine if any third parties share liability
- Gather evidence and promptly handle all filings
- Negotiate with the insurance company and push back if your claim is undervalued
- Dispute or appeal a denial of benefits and represent you in administrative proceedings
- File a lawsuit on your behalf and represent you in an Acadia Parish court if necessary
Schedule a free consultation to learn more about creating an attorney-client relationship after a workplace accident in Crowley, LA.
How Common Are Workplace Accidents in Louisiana?
The Bureau of Labor Statistics (BLS) reported over 31,000 work-related injuries and illnesses in Louisiana in 2021. Over 16,000 of them resulted in missed time from work, transfers, or job restrictions.
There were 141 fatal injuries reported in Louisiana workplaces in 2021:
- 52 were transportation-related incidents (e.g., motor vehicle accidents)
- 30 were caused by exposure to toxic or harmful substances
- 19 were due to slips, trips, and falls
- 19 were caused by violence or animal attacks
- 15 were caused by contact with equipment and objects
Explosions and fires caused another six fatalities in 2021.
What Compensation Is Available After a Workplace Accident in Louisiana?
Nearly every Louisiana employer (with limited exceptions) must carry workers’ comp coverage for full- and part-time employees. The Louisiana Workers’ Compensation Law provides medical and disability benefits to employees who sustain injuries on the job. The tradeoff is that employees typically cannot sue their employers for job-related injuries.
Workers’ Compensation Benefits
Injured workers in Crowley can file a workers’ compensation claim and potentially receive the following benefits:
- Medical benefits, including necessary treatment, travel expenses, and out-of-pocket healthcare expenses
- Lost wage benefits (indemnity benefits) equal to two-thirds of your average weekly wages (explained further below)
- Vocational rehabilitation benefits, such as training or job placement services
- Death benefits for surviving family members
Lost wage benefits could include:
- Temporary Total Disability (TTD) if you are temporarily unable to work while you heal
- Permanent Total Disability (PTD) if you’re unable to return to work in any capacity
- Supplemental Earnings Benefits (SEB) if you’re able to return to work but earn less than 90% of your pre-injury wages – these benefits are calculated by taking the difference between your pre-injury average monthly earnings and your current monthly earnings and multiplying by two-thirds
Workers’ compensation benefits are limited. If a third party contributed to your injuries, you may be entitled to additional damages by filing a personal injury claim.
Personal Injury Damages
A Louisiana personal injury victim can pursue compensation for the full extent of their damages.
If anyone other than your employer caused your injury, you could file a third-party claim and seek economic and non-economic damages, including:
- Past and future medical expenses
- All lost wages and employment benefits
- Reduced earning potential
- Reasonable out-of-pocket expenses, including in-home nursing care and childcare
- Pain and suffering
- Mental anguish
- Diminished quality of life
- Scarring or disfigurement
Examples of third parties who could be liable for workplace injuries include:
- Drivers, motorcyclists, bicyclists, and pedestrians
- Property owners
- Manufacturers of defective products
- Government agencies
We’ll diligently work to determine whether you have a valid personal injury claim against a third party for your work-related injuries.
What Is My Crowley Workplace Accident Case Worth?
The value of your Crowley work injury case will depend on whether you can file a workers’ comp claim, personal injury case, or both.
Your workers’ compensation benefits will depend on the following factors:
- Your average weekly wages prior to your injury
- The number of days you miss from work
- The severity of your injury and whether it partially or completely disables you
- Your medical bills
- Whether you can return to work in any capacity
Workers’ compensation limits you to medical expenses and a portion of your lost wages. Additionally, the Louisiana Office of Workers’ Compensation Administration (OWCA) sets maximum caps for benefits. Therefore, you can only receive the maximum allowable amount, even if your average weekly earnings exceed the permissible limits. Your benefits may also be reduced if you receive Social Security disability benefits.
That’s why we’ll determine if you also qualify to file a third-party claim. Personal injury law allows accident victims to recover the full extent of their economic damages. You’ll also be permitted to pursue compensation for non-economic damages, which aren’t available through workers’ compensation.
What Causes Most Work-Related Injuries?
Whether you work in a corporate office or a dangerous construction site, any employee is at risk of sustaining injuries on the job.
Some causes of worksite injuries include:
- Car accidents
- Truck accidents
- Slip and fall accidents
- Falls from heights (e.g., ladders, cranes, roofs, scaffolds, etc.)
- Being caught between or struck by objects
- Heavy equipment accidents
- Accidents involving tools (e.g., power drills, welding torches, etc.)
- Construction accidents
- Pedestrian accidents
- Warehouse and factory accidents
- Exposure to toxic substances
- Explosions and fires
- Repetitive motions
- Violence, such as assaults
- Defective equipment, machinery, or tools
Many of these accidents are caused by distraction, negligent hiring practices, and lack of supervision or communication. Accordingly, they are typically avoidable.
Common Workplace Accident Injuries
The injuries sustained in a work-related incident will depend on the industry, accident, and victim. You may recover from some injuries within days or weeks, whereas others may take several months or years to heal fully.
Potential injuries that can occur in a workplace accident include:
- Crushing injuries
- Traumatic brain injuries and other head trauma
- Neck injuries
- Back injuries
- Internal organ injuries
- Nerve damage
- Repetitive motion injuries
- Broken bones
- Soft tissue injuries
- Musculoskeletal disorders
- Occupational diseases and illnesses
- Carpal Tunnel Syndrome
- Paralysis and other spinal cord injuries
- Hearing loss
- Eye injuries and blindness
Whether you’ve sustained a minor or catastrophic injury, our Crowley workplace accident attorney will help you identify every source of compensation.
Do I Need To Prove Negligence After a Workplace Accident in Crowley?
You don’t need to prove negligence to recover workers’ compensation since it’s a no-fault system. You’ll typically be entitled to benefits as long as you can show that the injury occurred in the scope of your employment.
However, if you have a third-party personal injury claim, you must typically prove the following elements of negligence:
- The third party owed you a duty of care
- The third party breached their duty by failing to exercise reasonable care under the circumstances
- The breach of duty directly caused your workplace injuries
- You sustained damages (e.g., medical costs, lost wages, and mental anguish)
Some cases – such as product liability claims against the manufacturer of a defective product – involve strict liability. No matter what needs to be proven in your case, we’re here to gather the necessary evidence.
Can I Recover Compensation If I’m Blamed for My Louisiana Workplace Accident?
The Louisiana workers’ compensation system allows injured workers to recover benefits regardless of whether they contributed to the accident. However, benefits will likely be denied if an injured worker caused the injury:
- By intentionally hurting themself
- While intoxicated
- By starting an unprovoked physical altercation
- While engaging in “horseplay”
On the other hand, if you file a personal injury claim, shared fault will affect the amount of money you receive.
Louisiana’s pure comparative fault statute reduces your awarded compensation by your allocated percentage of fault. For example, if you share 20% of the blame for a workplace accident, you’ll only be able to take home 80% of your award.
How Long Do I Have To File a Workplace Accident Claim in Louisiana?
You should notify your employer of a work-related injury as soon as possible. However, you must report it within 30 days of the accident date. Otherwise, your benefits will likely be denied.
If you’re able to file a personal injury claim for a workplace injury, you’ll typically have one year from the accident date under Louisiana’s statute of limitations. Wrongful death claims must be filed within one year of the worker’s date of death.
Don’t miss these crucial deadlines, or you’ll lose your right to recover compensation for your work injuries.
Contact Our Crowley Workplace Accident Lawyer for a Free Initial Consultation
Were you injured in a workplace accident in Crowley, LA? Kenny Habetz Injury Law is here to provide immediate legal assistance and obtain maximum compensation for your injuries. Contact our Crowley personal injury lawyer today for a free, no-obligation case assessment to learn more.
Our Crowley, LA personal injury law office also provides:
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