Worker’s Compensation Claims
Who Has Workers Comp?
Most employers are required to carry workers’ compensation, or “workers’ comp,” insurance to cover employees who are injured on the job. Employees do not have to prove fault in order to recover, but benefits are not automatic. Specifics of the workers’ compensation claims process vary by state, but injured employees generally must notify their employer and the workers’ comp carrier. Regardless of state laws, however, injured employees are always encouraged to obtain any necessary medical treatment first.
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All full-time employees, seasonal employees, and part-time employees must be covered by workers comp in New Orleans. There are some exceptions to this. These exemptions include real estate agents, work at certain non-profits, public officials, and domestic employees. To find out if you are covered or not, contact an attorney.
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Assuming you’ve already received medical attention, the workers’ compensation claim process involves several important steps. You must notify your employer in writing; fill out an official claim form (which should be provided by your employer); and keep detailed records about your treatment.
What is Workers Comp?
The point of workers comp is to provide employees coverage to their mental and physical health. If an illness or injury occurs during employment, you are provided coverage regardless of fault. They should also receive lost wages as a result of the injury or illness.
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Workers comp keeps employers from getting sued. It's in some ways a "trade off." The employee gives up the right to sue their employer. The only exception would be in the cause of death, you could then sue for pain and suffering.
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Why Have an Attorney?
The state of Louisiana, has a 20% limit on workers compensation attorney fees, which makes the benefits far more than the costs. Majority of insurance companies are far more interested in profits than in paying injured workers. Majority of injured workers in the state of Louisiana will greatly benefit by hiring an attorney to represent them. The only time an attorney is not necessary is when the injury or illness is very minor and only results in a few days off work. Unfortunately, most injured workers wait too long before contacting an attorney. To avoid this from happening, call now to consult with an attorney.
FAQ's for Workers Comp
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How do I know if my injury is covered?
In the state of Louisiana, both physical and mental injuries that result from a work-related accident or illness is covered by state law. A mental injury must be related to a physical injury or a cause of employment related stress.
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Are there any exceptions to receiving workers comp?
Yes, there are a few cases where workers comp will not be given to the employee. These reasons are:
- The employee was in a fight with another employee in which he or she was the aggressor
- The employee was under the influence
- The employee injured himself or herself on purpose
- The employee was playing around at work when the injury happened
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