Kenny has won MILLIONS for his clients
Workplace accidents can happen at any time. The process of filing an insurance claim, dealing with all of the insurance companies involved, and proving fault can be confusing and overwhelming. You aren’t sure who you can trust or who you should even be speaking to.
Our professional workplace accident attorneys are dedicated to helping injured clients navigate this process for them.
We know how confusing it can be to deal with insurance questions as well as a complex legal system that can make it difficult to prove fault.
That’s why our top priority is taking care of our clients throughout the entire process at every step. From filing your claim, negotiating the best possible settlement amount, or representing you in court – we have 24/7 access to your case from start to finish.
How can Kenny help?
What to do after the accident
855-GO-KENNY
We only get paid if we WIN your Case
Kenny is dedicated to helping you recover from your workplace or other accident. We can help you make a claim for damages, including medical expenses, pain and suffering and lost wages.
To learn more about your rights after an accident, call us today at 855-GO-KENNY.
What our Clients say
Workplace Accident FAQs
The steps you take immediately after are critical if you are involved in an accident at work. If possible, document the scene and your injuries and get witnesses’ names and contact information. Let your employer or supervisor know about the accident right away.
You should also receive a medical exam as soon as possible, even if you don’t think your injuries are severe. Complete and submit an incident report, ensuring you include as many details and supporting evidence as possible. Contact a workplace accident attorney to learn more about your rights and discover your options for recovering your losses.
The damages you can recover depend on the route you take for pursuing compensation. Workers’ compensation benefits include payments for medical expenses and 66.66% of your lost wages.
A lump sum payment is possible for catastrophic injuries. If you file a third-party lawsuit, you can recover damages for medical and rehabilitation expenses, lost income, lost earning capacity, and non-economic damages such as mental anguish, physical pain, and suffering.
You may be able to sue after on-the-job injuries. State laws typically require most employers to have workers’ compensation insurance. These laws also prevent employees from suing their employers. However, sometimes it is necessary to file a lawsuit against the insurance company when it fails to pay the benefits an employee is entitled to. Additionally, a third party’s negligence often contributes to workplace accidents. If this is the case for you, you may want to file a third-party lawsuit to pursue fair compensation for your losses.
While you are not required to hire an attorney, if you’ve been involved in a workplace accident that resulted in injuries, you may benefit from a workplace accident lawyer. Experienced attorneys understand complex workers’ compensation laws. They can protect your rights and help you pursue fair compensation.
If the workers’ compensation insurer disputes or denies your claim, a lawyer can help you through the dispute resolution process. A workplace accident lawyer also knows how to identify other potential at-fault parties and can help you with a third-party lawsuit when pursuing one is relevant.
Workplace Accident Lawyer
Workplace injuries can occur in any industry and result in significant financial and physical losses. The Bureau of Labor Statistics reported that 2.8 million workers suffered non-fatal workplace injuries in 2019, with 1.5 million resulting in missed workdays. That same year, 5,333 workers died from on-the-job injuries.
You are likely entitled to workers’ compensation benefits if you sustain injuries at work. However, you may experience challenges obtaining your benefits. A Kenny Habetz Injury Law workplace accident lawyer assists with pursuing just compensation. You may also have options you aren’t aware of. We’re here to protect your rights as a worker and guide you through your claim, disputes or a lawsuit.
Understand Louisiana’s Workers’ Compensation Law
Workers’ compensation laws are complex, and many employees do not clearly understand what the state legally requires.
Who Is Covered?
Louisiana Workers’ Compensation Law requires most employers to carry workers’ compensation insurance. As an employee, you are most likely covered. It doesn’t matter whether you work full-time, part-time or seasonal. It also doesn’t matter how long you’ve worked for the company. Workers’ compensation coverage starts on the first day of employment.
If you are a subcontractor or independent contractor, the state may still consider you an employee regarding workers’ compensation benefits. You may be covered under the law if your job requires you to perform manual labor or if your position is critical to an employer’s trade or business. You and your employer may find this aspect of the law confusing. A workplace accident lawyer can help determine whether you have a right to workers’ compensation benefits.
What Are the Benefits?
When you sustain on-the-job injuries, workers’ compensation coverage is supposed to pay out certain benefits, no matter your role in causing the accident. However, willful acts intended to cause harm do not qualify, nor do most accidents that arise out of an employee’s use of drugs or alcohol. State law requires insurers to cover all relevant and necessary medical expenses within 30 days of treatment. You get to choose your doctor. The insurance company also pays for reasonable travel expenses to and from appointments.
If your injury prevents you from returning to work for more than a week, workers’ compensation insurance or your employer pays 66.66% of your average weekly earnings. If you can return to work in a partial capacity, with a reduced income, the insurance may provide a supplemental payment of 66.66% of the difference between your new wages and the average weekly income you received before your accident.
Can the Insurance Company Deny Your Claim?
Though the state’s workers’ compensation law applies to most workers, insurance companies may deny or dispute claims. If the company refuses your claim or fights a portion of it, you can ask for mediation to help resolve the dispute. If mediation fails, you must file an official dispute.
The dispute resolution process is not an easy path and can be a lengthy process. When your claim is undergoing the appeal, your bills stack up. You also have no income if you can’t work during that time. Though these situations are often unfair, you may need to rely on other forms of assistance until your case is resolved or you can return to work.
Can You File a Lawsuit?
The Louisiana Workers’ Compensation Law requires employers to have coverage. At the same time, it prevents employees from suing their employers. However, you may still have a valid legal claim on your hands. If the insurance company fails to pay the benefits you are entitled to, you may be able to file a claim against the insurer. These suits are challenging. You can’t file a lawsuit when you disagree with the insurance company’s decision. You must prove that the insurer acted in bad faith when denying your claim. A workplace accident lawyer can help determine if you have a valid claim against the insurance company.
You may be able to file a third-party lawsuit. If your accident occurred because of the negligent actions of an outside party, you could file a claim against that party. Vendors, equipment manufacturers and motorists are three external parties who may be at fault in a workplace accident. Uncovering the evidence to determine third-party negligence requires an in-depth understanding of workplace accident causes and negligence laws. You may benefit from the guidance of a knowledgeable and experienced attorney.
Discover How a Workplace Accident Lawyer Can Help
A workplace accident lawyer can help you through every step of a workers’ compensation or legal claim. At Kenny Habetz Injury Law, we understand the physical, emotional and financial challenges on-the-job injuries present, and we’re dedicated to helping our clients receive justice.
We offer a free initial consultation, so you can learn your rights and understand your options. If you retain our services, we will take care of building a solid case for you and handle the communications and negotiations so that you can take care of yourself. You won’t pay a dime until we win your case, so get in touch with us today to discover how we can help.
