If you’ve been injured at work in Louisiana, understanding how long you can receive workers’ compensation benefits is essential for planning your recovery and securing your financial future. The duration of your benefits depends on the type of injury you’ve sustained, with different rules applying to each classification.
At Crescent City Personal Injury, our workers’ compensation attorneys, led by John Radziewicz, are committed to helping you navigate the complexities of Louisiana’s workers’ compensation system and ensuring you get the benefits you deserve.
Types of Disability Benefits and Their Duration
In Louisiana, workers’ compensation benefits can last anywhere from a few weeks to several years, depending on the nature and severity of your injury. The Louisiana Workforce Commission (LWC) classifies injuries into three primary categories:
1. Permanent Total Disability (PTD)
If you’re permanently disabled and unable to work, you could receive PTD for years or in a lump sum settlement. These benefits generally continue until you begin receiving Social Security benefits, at which point your PTD benefits may be reduced.
2. Permanent Partial Disability (PPD)
If your injury leaves you with a permanent impairment that doesn’t prevent you from working but reduces your ability to perform certain tasks, you may receive PPD benefits for a specified duration. The length of these benefits depends on the severity and type of injury as outlined in Louisiana Revised Statutes §23:1221.
3. Temporary Total Disability (TTD)
If you’re temporarily unable to work due to your injury, you may qualify for TTD benefits. These benefits continue until your doctor confirms that you no longer require medical treatment for the injury or that you’ve reached your maximum recovery.
Supplemental Earnings Benefits (SEB)
Even if you are able to return to work after your injury, you may still face a reduction in your earnings if you’re unable to perform your previous job at the same capacity. This is where Supplemental Earnings Benefits (SEB) come in. SEB is designed to compensate you for the difference between your pre-injury wages and your post-injury earnings.
You may be eligible for SEB for up to 10 years, depending on your disability and circumstances. This can be particularly important for workers who are physically able to return to work but can’t perform the same tasks or work the same number of hours as before.
How Long Can You Receive Benefits?
The duration of workers’ compensation benefits in Louisiana depends on the type and severity of your injury. For Supplemental Earnings Benefits (SEB), the maximum duration is 520 weeks, subject to a weekly cap under Louisiana law.
#1. Temporary Total Disability (TTD) Benefits
You can receive TTD benefits as long as you are unable to work due to your injury. Once you reach maximum medical improvement (MMI) or are able to return to work, these benefits will end.
#2. Permanent PartPPD Benefits
If you are determined to have a permanent partial disability, the length of benefits depends on the nature of your injury. For instance, certain body parts are assigned specific time limits for receiving benefits based on the degree of impairment.
#3. PTD Benefits
These benefits can last for life if you are permanently disabled and unable to work. However, the amount may change once you start receiving Social Security benefits.
Working with a workers’ compensation lawyer can help you determine what type of benefits you’re eligible for, how long they may last, and whether your payments are being calculated fairly. An attorney can also help you fight back if your benefits are denied, delayed, or prematurely cut off.
Filing Deadlines for Workers’ Compensation and Statute of Limitations in Louisiana
It’s crucial to file for workers’ compensation benefits within the appropriate time limits to avoid losing your rights. Louisiana law typically gives you one year from the date of your injury to file a claim for lost wages (TTD, PPD, or PTD benefits). If you are seeking Supplemental Earnings Benefits, you have three years from the date of the last workers’ compensation payment to file for these additional benefits.
However, there are exceptions, including if you are unable to work due to a developing injury (an injury that worsens over time). In this case, the clock starts ticking from when you can no longer work due to the injury.
Complications in Workers’ Compensation Claims
Although workers’ compensation is designed to help injured workers, there can be complications that delay or reduce the benefits you receive. Some common issues include:
- Disputes over the cause of the injury: Your employer or their insurance provider may claim that your injury is not work-related.
- Medical disputes: Disagreements over the treatment or recovery timeline can delay the benefits you receive.
- Employer non-compliance: If your employer refuses to carry workers’ compensation insurance or delays your claim, it could further complicate the process.
This is where Crescent City Personal Injury can help. We have extensive experience handling complex workers’ compensation claims and can fight for the benefits you deserve, even in the face of opposition.
Contact Our Workers’ Compensation Lawyers at Crescent City Personal Injury Today
Understanding how long you can receive workers’ compensation benefits in Louisiana is critical to ensuring you are financially supported while recovering from your workplace injury. Our team has the experience needed to guide you through the process and fight for the compensation you deserve.
Contact us today to schedule a consultation and learn more about how we can assist you.
FAQs
1. How long can I receive Temporary Total Disability (TTD) benefits in Louisiana?
You can receive TTD benefits until your doctor determines you’ve reached maximum medical improvement (MMI) or you’re cleared to return to work.
2. Do Permanent Partial Disability (PPD) benefits last forever?
No. PPD benefits are awarded for a set duration based on the type and severity of your injury. Louisiana law assigns different benefit periods for specific impairments.
3. Can I receive workers’ compensation benefits for life?
Yes. If you are permanently and totally disabled (PTD), benefits may last for life. However, they may be reduced once you start receiving Social Security benefits.
4. How long do Supplemental Earnings Benefits (SEB) last?
SEB can last up to 520 weeks (about 10 years), but the amount and duration depend on your disability, your ability to work, and whether your post-injury earnings are lower than before.
5. What happens if my employer or insurer cuts off my benefits too soon?
If your benefits are denied, delayed, or prematurely stopped, you have the right to challenge the decision. An attorney can help you file a dispute and fight for reinstatement.
6. What is the deadline to file for workers’ compensation benefits in Louisiana?
Generally, you have one year from the date of your injury to file for lost wage benefits. For SEB, you have up to three years from the date of your last payment to file.