Workplace injuries can happen to anyone, and when they do, workers’ compensation is there to provide financial and medical benefits to help you recover. In New Orleans, workers’ compensation laws are designed to protect employees who suffer work-related injuries or illnesses.
At Crescent City Personal Injury, we understand how overwhelming it can be to navigate the workers’ compensation process, especially when you’re focused on recovering from your injury. Led by John Radziewicz, our team is here to guide you through every step of the process, making sure you understand your rights and helping you pursue the compensation you deserve so you can focus on healing and getting back on your feet.
What is Workers’ Compensation?
Workers’ compensation is a state-mandated insurance program that provides medical and wage benefits to employees who are injured or become ill as a result of their jobs. In Louisiana, the system is managed by the Louisiana Workforce Commission. Workers’ compensation is a no-fault system, meaning that you don’t need to prove that your employer was negligent to receive benefits.
While workers’ compensation offers benefits for injuries that happen while you’re at work, it also limits your ability to sue your employer for negligence in most cases. In exchange, the system ensures faster recovery for workers and reduces the employer’s risk of expensive lawsuits.
Injuries Covered by Workers’ Compensation in Louisiana
Workers’ compensation in Louisiana covers a wide range of injuries, including those caused by specific accidents, repetitive motions, and hazardous work conditions. Here’s a breakdown of the types of injuries that may be covered:
1. Traumatic Injuries
Traumatic injuries are the most common types of workplace injuries and usually result from a specific accident. Some examples include:
- Slips, trips, and falls: These injuries often result in fractures, sprains, or head injuries.
- Vehicle accidents: Employees who drive as part of their job, such as delivery drivers or truck drivers, may be injured in car or truck accidents.
- Machinery accidents: Workers in construction or manufacturing may suffer injuries from malfunctioning machinery or equipment.
- Falling objects: Workers in environments where items are stored overhead may suffer head, neck, or back injuries if objects fall.
- Burns or chemical exposure: Workers exposed to dangerous substances or hazardous materials can suffer serious burns or other chemical injuries.
If you were injured at work in any of these ways, you are likely eligible for workers’ compensation benefits.
2. Repetitive Motion Injuries
Repetitive motion injuries are caused by the continuous performance of the same physical movements over time. These injuries are common in jobs that require typing, lifting, or manual labor. Examples include:
- Carpal Tunnel Syndrome: Caused by repetitive hand or wrist movements, it’s common among office workers, factory employees, and healthcare professionals.
- Tendinitis: Lifting heavy objects or repetitive tasks can lead to tendinitis in the shoulders, elbows, wrists, or other joints.
- Back Strain: Repetitive bending or lifting can cause chronic back pain and injuries to the spine or muscles.
While repetitive motion injuries develop gradually, they are still covered under workers’ compensation if your doctor can link the injury to your job.
3. Occupational Illnesses
Workers’ compensation also covers illnesses that arise from long-term exposure to hazardous conditions at work. Some examples include:
- Respiratory conditions: Workers exposed to chemicals, dust, or fumes may develop asthma, bronchitis, or other lung diseases.
- Hearing loss: Prolonged exposure to loud noise in industries such as construction or manufacturing can cause permanent hearing loss.
- Skin conditions: Exposure to chemicals, solvents, or other irritants can cause skin conditions like dermatitis.
- Occupational cancers: Long-term exposure to harmful substances, such as asbestos or radiation, may lead to various types of cancer.
If your illness is linked to your work environment, you may be entitled to workers’ compensation benefits.
What Injuries Are Not Covered?
While workers’ compensation covers many types of injuries, there are exclusions. Some examples of injuries that are generally not covered include:
- Self-inflicted injuries: Injuries that are intentionally caused by the employee are not covered.
- Injuries sustained while under the influence: If you were under the influence of alcohol or drugs when the injury occurred, your claim may be denied.
- Injuries caused by horseplay: If the injury occurred while engaging in reckless or playful behavior unrelated to work duties, it may not be covered.
It’s important to report any injury to your employer immediately and follow the proper procedures for filing a claim to ensure your injury is covered.
How to File a Workers’ Compensation Claim in Louisiana
If you’ve been injured at work in New Orleans, it’s important to take the following steps to file a workers’ compensation claim:
- Notify Your Employer: In Louisiana, you must report your injury to your employer within 30 days of the incident.
- Seek Medical Attention: Get medical treatment as soon as possible. Your employer may provide you with a list of approved medical providers.
- File a Claim: Work with your employer to file the workers’ compensation claim with their insurance company. Make sure to provide all relevant medical documentation.
If your claim is denied or you face complications, it’s a good idea to consult with a workers’ compensation attorney to protect your rights and ensure you receive the benefits you’re entitled to.
Contact Our Crescent City Personal Injury Workers’ Compensation Lawyers Today
Filing a workers’ compensation claim can be a complicated process, especially if you’re dealing with serious injuries or an employer who challenges your claim. At Crescent City Personal Injury, we’re committed to helping you understand your rights and with our years of experience, we’re here to ensure that you get the financial support you need during your recovery.
Contact us today to learn more about how we can assist with your workers’ compensation claim.