Were you injured on the job in Lafayette, LA? You may be entitled to compensation under Louisiana workers’ compensation or personal injury laws. An experienced Lafayette workers’ compensation lawyer at Kenny Habetz Injury Law can help you pursue compensation for medical expenses, lost wages, and your pain and suffering.
Our lawyers have over a decade of experience helping injured clients stand up to insurance companies and big corporations. We’ve recovered millions of dollars on behalf of accident victims like you over the years.
How Can Kenny Habetz Injury Law Help With My Workers’ Compensation Claim in Lafayette?
Workplace accidents are handled differently than typical personal injury claims. Injured employees are entitled to benefits without the need to prove fault. That should make it easier to recover fair compensation.
Unfortunately, workers’ compensation insurance companies often challenge injured workers’ right to benefits. They might claim your injuries were not work-related. Your employer may pressure you into returning to work before you’ve recovered.
Our Lafayette personal injury lawyers at Kenny Habetz Injury Law can help you navigate the claims process and protect you if your right to benefits is challenged.
When you hire our law firm to protect you, we’ll be able to:
- Collect evidence in support of your claim
- Determine the amount of workers’ compensation you should be receiving
- Evaluate whether you have a valid personal injury case for additional damages
- Bring in experts to strengthen your workers’ compensation case
- Help you file an appeal if your workers’ comp claim is denied
- Negotiate with the insurance companies for the fair compensation you deserve
To learn more about how an experienced Lafayette personal injury attorney can help you during this difficult time, give us a call today.
Overview of the Workers’ Compensation System in Lafayette
Employers in the state of Louisiana are required to carry workers’ compensation insurance if they have at least one full-time or part-time employee. The vast majority of full-time, part-time, and seasonal employees are covered by workers’ comp if they’re injured in the workplace.
The following categories of workers are excluded:
- Domestic employees
- Public officials
- Most real estate salespeople
- Uncompensated officers and directors of nonprofit organizations
Similarly, independent contractors aren’t always entitled to workers’ comp benefits. Depending on the type of work and the nature of the arrangement, you may or may not be entitled to workers’ comp if you’re an independent contractor.
Workers’ compensation may be available regardless of whether your injuries were physical or mental. The important thing is that the injury or illness was work-related.
What Types of Compensation Are Available Under Louisiana Workers’ Compensation Laws?
Workers’ comp provides the following types of benefits:
- All medical care
- Temporary total disability (TTD)
- Permanent total disability (PTD)
- Supplemental earnings
- Permanent partial disability (PPD)
- Vocational rehabilitation
- Death benefits
The exact types of benefits that you will receive will depend on the unique facts of your case.
What Types of Damages Are Available if a Negligent Third Party Caused My Injuries?
Most types of non-economic losses are not covered by workers’ compensation. However, if someone other than your employer caused your injuries, you may be entitled to file a personal injury lawsuit for additional damages.
Examples of damages you can recover in a third-party claim include:
- Medical expenses
- Lost wages
- Decreased earning potential
- Pain and suffering
- Diminished quality of life
- Scarring or disfigurement
- Anxiety, depression, PTSD
- Loss of consortium
You cannot sue your employer for these damages. However, you may have a valid lawsuit if your injuries were caused by:
- A negligent driver in a car accident
- A property owner who failed to maintain safe premises
- The manufacturer of a defective work tool
- A third-party supplier or vendor
Our lawyers in Lafayette can evaluate your case to determine who is liable for paying your damages. Just give us a call for a free case review today.
How Much Is My Lafayette Workers’ Compensation Claim Worth?
It really depends on the severity of your injuries. The costs associated with a severe injury tend to be higher, and it will often take longer to recover–meaning that your compensation will also be higher if your injuries are serious.
However, the value of your workers’ compensation award will depend on the unique facts and circumstances and the types of benefits you can receive.
Injured workers are entitled to all reasonable and necessary medical expenses associated with the injury or illness. You can also request reimbursement for any transportation expenses you incur to seek medical treatment.
Temporary Total Disability Benefits
Temporary total disability benefits are available if you’re completely unable to work while you recover.
The value of your wage replacement benefits will depend on a few different things, including:
- Your average weekly earnings prior to the disability
- The length of your recovery period
- The cap in place at the time of your injury
Typically, you’ll receive about 2 ⁄ 3 of your average weekly wages prior to the accident during recovery. However, disability benefits in Louisiana are also subject to a statewide cap. If you were injured between September 1, 2022, and August 31, 2023, the maximum you can receive is $771 per week. The minimum you will receive is $206 per week.
You can receive these disability benefits until you have reached maximum medical improvement (MMI) or been diagnosed with a permanent disability.
Supplemental Earnings Benefits
If you’re able to work in some capacity during recovery, you may still receive workers’ comp benefits. Supplemental earnings benefits are available if you can work but are unable to earn the same amount as prior to the disability.
Supplemental earnings benefits cover about ⅔ of the difference between what you earned prior to the disability and what you’re able to earn during recovery. You can receive these benefits for a maximum of 520 weeks.
Permanent Total Disability Benefits
You can receive permanent total disability benefits if you’re diagnosed with a permanent disability that prevents you from working in any capacity.
Your disability benefits will cover ⅔ of your average wages prior to the disability.
Can I Recover Compensation If I’m Partly At-Fault for My Work-Related Injuries in Louisiana?
Yes. Workers’ compensation is a no-fault system. You can file a claim for benefits even if you were responsible for your own injuries.
In the event that you’re eligible to file a third-party claim, Louisiana’s pure comparative fault doctrine may apply. Under this doctrine, you can receive compensation even if you share some of the blame for the accident, but your damages award can be reduced based on the percentage of fault that you are assigned.
Our Lawyers Will Fight To Recover Fair Compensation for All of Your Workplace Injuries
Any type of work-related injury or illness should be covered by workers’ comp.
At Kenny Habetz Injury Lawyers, we handle cases involving all types of injuries, including:
- Broken bones
- Spinal cord injuries
- Nerve injuries
- Back injuries
- Traumatic brain injuries
- Head and neck injuries
- Hearing damage
- Soft tissue damage
- Lung damage
- Wrongful death of a loved one
- Organ damage
- Catastrophic injuries, such as amputations
Mental injuries may also give you the right to receive workers’ compensation benefits. However, the mental injury must have been the result of a physical injury sustained in the workplace or a sudden and extraordinary stress related to employment.
What Are the Most Common Causes of Work-Related Injuries in Lafayette, Louisiana?
Work-related accidents and injuries tend to occur because of:
- Lack of proper safety equipment
- Inexperienced workers
- Communication failures
- Dangerous property conditions
- Defective work equipment
- Negligent security
- Failure to follow state and OSHA safety regulations
At Kenny Habetz Injury Lawyers, we handle all types of workplace injury claims, including those involving:
- Slip and fall accidents
- Scaffolding accidents
- Construction site accidents
- Falls from roofs, ladders, and heights
- Heavy machinery accidents
- Crane accidents
- Motor vehicle accidents
- Trucking accidents
- Accidents where an employee is caught between two objects
- Accidents involving falling objects
- Heavy lifting injuries
- Manufacturing accidents
- Warehouse accidents
- Welding accidents
- Defective electrical wiring
- Fires and explosions
- Exposure to toxic chemicals
- Workplace violence
Contact our law firm today to learn more about how a Lafayette workers’ compensation attorney can help you maximize your compensation award.
Am I Required To Establish Negligence To Recover Workers’ Compensation Benefits in Louisiana?
No. To recover workers’ compensation benefits, you simply have to prove that your disability was caused by something in the workplace.
If you have a valid third-party claim, you will probably have to prove negligence. That means you must prove:
- A third party owed you a legal duty of care
- They breached the duty of care
- The breach caused your accident
- You sustained injuries
Our Lafayette work accident lawyers can help you document your losses and fight for the maximum compensation available. Call today to get started.
How Long Do I Have To File a Workers’ Compensation Claim in Louisiana?
Injured workers in Louisiana have 30 days to notify their supervisor about their injuries. If you fail to provide proper notification, you could lose your right to workers’ compensation benefits entirely.
Contact a Lafayette Workers’ Compensation Lawyer for a Free Consultation
Do you have questions about your right to workers’ compensation benefits? Contact Kenny Habetz Injury Lawyers to learn more about how an experienced Lafayette workers’ compensation attorney can help with your case.
Our Lafayette, LA personal injury law office also provides:
- Car Accident Attorney in Lafayette, LA
- Bicycle Accident Attorneys in Lafayette, LA
- Boating Accident Attorney in Lafayette, LA
- Brain Injury Lawyer in Lafayette, LA
- Construction Accident Lawyers in Lafayette, LA
- Maritime Injury Attorney in Lafayette, LA
- Motorcycle Accident Attorneys in Lafayette, LA
- Nursing Home Abuse Lawyers in Lafayette, LA
- Pedestrian Accident Lawyers in Lafayette, LA
- Premises Liability Lawyers in Lafayette, LA
- Truck Accident Attorney in Lafayette, LA
- Workplace Accident Lawyer in Lafayette, LA
- Wrongful Death Attorneys in Lafayette, LA
- Slip and Fall Accident Lawyers in Lafayette, LA
- Medical Malpractice Attorneys in Lafayette, LA
- Product Liability Attorney in Lafayette, LA