If you have suffered a serious workplace injury in Louisiana, you may be struggling with medical bills, lost wages, and the stress of an uncertain future. Fortunately, Louisiana workers’ compensation laws provide wage loss benefits to help injured workers financially while they recover. However, understanding how these payments work and ensuring you receive the full amount you’re entitled to can be challenging.
At Crescent City Personal Injury, we know how overwhelming it can be to navigate the workers’ compensation system while dealing with an injury. This is the reason why our team, led by John Radziewicz, is dedicated to helping injured workers in New Orleans and across Louisiana get the compensation they deserve. If you’re struggling to secure wage loss benefits, we’re here to help.
What Are Wage Loss Payments in Louisiana Workers’ Compensation?
Wage loss benefits, also known as indemnity benefits, are payments provided to injured workers who are unable to work due to a work-related injury or illness. These benefits help replace lost income while an employee is recovering. Louisiana law offers several types of wage loss benefits:
- Temporary Total Disability (TTD) Benefits – If you are completely unable to work for a temporary period, you may qualify for TTD benefits.
- Permanent Total Disability (PTD) Benefits – If your injury prevents you from ever returning to work, you may receive PTD benefits.
- Temporary Partial Disability (TPD) Benefits – If you can return to work in a limited capacity but earn less than before, TPD benefits help make up the difference.
- Supplemental Earnings Benefits (SEB) – If you can work but earn less than 90% of your pre-injury wages, SEB may cover part of your lost income.
How Much Are Wage Loss Payments in Louisiana?
The amount you receive in workers’ compensation wage loss benefits depends on your pre-injury earnings and the type of disability benefits you qualify for. Here’s a breakdown:
- TTD & PTD Benefits – Workers typically receive two-thirds (66.67%) of their average weekly wage (AWW), up to a state-set maximum.
- TPD Benefits – You may receive two-thirds of the difference between your pre-injury wages and your current reduced earnings.
- SEB Benefits – If you qualify, you may receive two-thirds of the difference between your previous wages and your new wages for up to 520 weeks.
Louisiana workers’ compensation law sets a cap on the maximum weekly benefit amount, which changes annually. If you’re unsure about how much you’re entitled to, a workers’ compensation attorney can help calculate the correct amount.
Steps to Take to Get Wage Loss Benefits After a Workplace Injury
If you’ve been injured at work and need wage loss payments, taking the right steps early on can improve your chances of getting the benefits you deserve. Here’s what you should do:
1. Report Your Injury Immediately
Louisiana law requires you to report your workplace injury within 30 days. Failing to do so can delay or jeopardize your claim.
2. Seek Medical Treatment
Getting medical care not only ensures you recover properly but it also creates a medical record that proves the severity of your injury. Make sure to follow all doctor recommendations.
3. File a Workers’ Compensation Claim
Your employer should submit a First Report of Injury to their workers’ compensation insurance provider. If they fail to do so, you may need to file a claim with the Louisiana Workforce Commission.
4. Keep Track of Your Lost Wages
Wage loss payments are based on your earnings before the injury, so having pay stubs, tax returns, and employer records can help support your claim.
5. Watch for Denials or Delays
Insurance companies often delay, underpay, or deny claims. If you’re struggling to receive benefits, it may be time to contact a Louisiana workers’ comp attorney.
Common Challenges in Getting Wage Loss Payments
Even though workers’ compensation is a right, many injured workers face obstacles in getting the benefits they deserve. Some common issues include:
- Employer disputes – Employers may argue that your injury isn’t work-related or that you can return to work.
- Insurance delays – Some insurers stall payments, hoping you’ll give up or accept a lower amount.
- Misclassification of your injury – If the insurance company incorrectly classifies your injury, you may receive less than you’re owed.
- Denial of benefits – If your claim is denied, you have the right to file an appeal.
At Crescent City Personal Injury, we’ve helped injured workers fight back against unfair workers’ compensation denials. If you’re struggling to get your wage loss payments, we can step in and help.
What If My Wage Loss Benefits Are Denied?
If your wage loss benefits are denied, don’t panic because there are multiple legal options available to you. Here’s what you can do:
- Request a written explanation: The insurance company must provide a reason for denial.
- Gather additional evidence: Medical records, witness statements, and expert opinions can help strengthen your case.
- File an appeal: You can file a dispute with the Louisiana Office of Workers’ Compensation Administration (OWCA).
- Contact a Workers’ Compensation Lawyer: An experienced workers’ compensation attorney can guide you through the appeals process and fight for your rights.
Contact Our Experienced Workers’ Compensation Lawyers at Crescent City Personal Injury Today
At Crescent City Personal Injury, our personal injury lawyers understand how much is at stake and are committed to ensuring injured workers get the compensation they need. Don’t let employers or insurance companies take advantage of you. If you’re facing delays, denials, or unfair treatment, we’re ready to guide you through every step of the process and fight for your rights.
Contact us today at 504-608-0084 or visit our website to schedule a free consultation. Let us help you get the wage loss payments you’re entitled to so you can focus on healing and moving forward.
FAQs
1. How long can I receive wage loss benefits in Louisiana?
Most wage loss benefits last until you can return to work or reach maximum medical improvement. Supplemental Earnings Benefits (SEB) may continue for up to 520 weeks.
2. What if my employer refuses to report my injury?
If your employer doesn’t file the injury report, you can file a claim directly with the Louisiana Workforce Commission to protect your right to benefits.
3. Can I get wage loss benefits if I return to part-time or light-duty work?
Yes. If you earn less than before your injury, you may qualify for Temporary Partial Disability (TPD) or SEB to help cover the income gap.
4. How is my Average Weekly Wage (AWW) calculated?
Your AWW is generally based on your pre-injury earnings, including overtime in some cases. Benefits are typically two-thirds of this average, subject to state limits.
5. What should I do if my wage loss benefits are denied or delayed?
You can request a written explanation, gather supporting evidence, and file a dispute with the Office of Workers’ Compensation Administration (OWCA). An attorney can also guide you through appeals.
6. Can I sue my employer if workers’ compensation doesn’t cover my losses?
Workers’ compensation usually prevents lawsuits against employers. However, if your employer intentionally harmed you or a third party was at fault, you may have grounds for a separate claim. A workers’ compensation lawyer can explain your options and help you pursue additional recovery.