From medical expenses to lost wages, the aftermath of a workplace injury can be life-changing. If you’ve been injured on the job in Louisiana, knowing your rights and taking the right steps can make a significant difference in your ability to recover and receive workers’ compensation benefits.
At Crescent City Personal Injury, we have years of experience in the legal field and have seen how personal injuries disrupt lives. Whether you’re dealing with medical bills, uncooperative employers, or confusing paperwork, our legal team is here to guide you and help you get the care and compensation you deserve.
If you’re unsure about your next steps, read on to learn what you should do after a work-related injury in Louisiana.
Step 1: Report Your Injury to Your Employer Immediately
The first and most crucial step after a workplace injury is reporting it to your employer. Louisiana law requires workers to notify their employer within 30 days of the accident. Failing to report the injury in time can result in delays or denial of benefits. Here’s what you can do:
- Notify your supervisor, manager, or HR representative as soon as possible.
- Provide details about how the injury occurred, including the date, time, and location.
- Request a written report of the incident and keep a copy for your records.
Employers must then submit a First Report of Injury to their workers’ compensation insurance provider. If your employer does not take action, you may need to file a claim on your own.
Step 2: Seek Medical Attention and Know Your Rights
Your health should always be the top priority after a workplace injury. Never delay seeking medical attention, even if your injury seems minor. Here are the medical rights you need to keep in mind:
- You have the right to choose your own doctor. Your employer may suggest one, but you are not required to use their recommended physician.
- Never sign a doctor choice form provided by your employer without consulting an attorney. Signing this form could lock you into a doctor who favors the insurance company, limiting your treatment options.
- Obtain written documentation from your doctor regarding any work restrictions, limitations, or time off required. This documentation is critical because it triggers the 14-day window in which the insurance company must begin paying Temporary Total Disability (TTD) benefits if you are unable to work.
If your employer or their insurance company tries to deny or delay treatment, consulting a workers’ compensation attorney early on can protect your right to necessary medical care.
Step 3: Keep Track of Expenses and Missed Work
Keeping detailed records will help ensure that you receive full reimbursement for your medical treatment and wage loss benefits. Here’s what you need to track:
- Medical expenses: Keep receipts for hospital visits, prescriptions, physical therapy, and rehabilitation.
- Lost wages: Document all missed workdays and obtain copies of your pay stubs.
- Doctor’s notes and medical reports: These establish the severity of your injury and support your case for continued treatment.
- Mileage reimbursement: You are entitled to reimbursement for travel to and from medical appointments. Depending on your location, these costs can add up significantly.
If you encounter delays in wage loss payments or medical treatment denials, legal representation may be necessary to enforce your rights.
Step 4: Be Cautious When Dealing With Insurance Companies
Workers’ compensation insurance companies do not work in your best interest. They often try to minimize payouts, deny claims, or find reasons to deny coverage altogether. You might be asked to provide statements or sign documents that could impact your case.
Never sign any documents or accept a settlement offer without consulting an attorney. A lawyer can review your case and ensure that you receive fair compensation for your medical expenses, wage loss, and potential long-term disability.
Step 5: Know Your Legal Rights and Options
If your employer is uncooperative, your claim is denied, or your benefits are delayed, legal help may be necessary to protect your rights. Consulting an attorney early can prevent mistakes and keep your claim on track.
Speaking with a workers’ compensation attorney is free, and you don’t have to wait for problems to arise. A workers’ compensation attorney can assist by:
- Ensuring all paperwork is completed accurately and submitted on time
- Challenging denied or delayed claims to help you receive the benefits you deserve
- Negotiating with insurance companies to secure a fair settlement
- Representing you in hearings and legal proceedings if necessary
Never Quit Your Job While Your Claim Is Active
Quitting your job while your workers’ compensation claim is still active is one of the most costly mistakes an injured worker can make. Leaving your position voluntarily can:
- Reduce or completely eliminate your claim’s value, making it more difficult to receive benefits.
- Jeopardize wage loss benefits, as the insurance company may argue that you are capable of working elsewhere.
- Give your employer leverage to dispute your injury claim, suggesting that your condition was not serious enough to require continued benefits.
Before making any employment decisions, consult with a workers’ compensation attorney. A lawyer can help protect your rights, ensure you continue receiving benefits, and guide you toward the best course of action for your case.
Workers’ Compensation Benefits in Louisiana
If your injury prevents you from working, you may be eligible for workers’ compensation benefits. In Louisiana, these benefits include:
- Medical coverage: This benefit covers doctor visits, hospital stays, surgeries, and prescriptions.
- Wage loss benefits: This benefit provides two-thirds of your average weekly wage if you’re unable to work.
- Permanent disability benefits: This benefit is available for workers with severe injuries that limit their ability to work.
What If Your Claim in Louisiana Is Denied?
It’s not uncommon for workers’ compensation claims to be denied initially. If this happens, you still have options:
- Review the denial letter – The insurance company must provide a reason for the denial.
- Gather additional evidence – Medical records, witness statements, and employer communications can help support your case.
- File an appeal – You can dispute the denial through the Louisiana Workforce Commission.
- Contact a workers’ compensation attorney – A lawyer can guide you through the appeals process and fight for your benefits.
At Crescent City Personal Injury, we have helped countless injured workers in New Orleans and throughout Louisiana stand up to insurance companies and fight for the compensation they deserve.
Contact Our Louisiana Workers’ Compensation Attorney at Crescent City Personal Injury Today
Whether you need help filing your claim, securing medical treatment, or fighting a denial, Crescent City Personal Injury is here to stand by your side. We believe that injured workers deserve respect, fair treatment, and full compensation.
If you or a loved one has been hurt while doing their job or while at work in Louisiana, contact us today at 504-608-0084 or visit our website to schedule a consultation. We’re here to defend your rights every step of the way.