New Orleans Work Comp Lawyer Advice

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Almost every New Orleans work comp lawyer will agree that a workers’ wort nightmare is getting hurt on the job. The same New Orleans work comp lawyer also knows that every day across America and the state of Louisiana, a work related accident occurs and one worker, two, or several are injured as a result. The most important thing to remember if you are involved in a worksite or job related accident is that you must report the incident to your supervisor/employer immediately.

Do not make the mistake that many workers do, of minimizing or downplaying the severity of the accidents and their injuries. If you have been involved in a work related accident it is actually the time to be hyper-vigilant about your health and make sure that you receive a comprehensive evaluation from a qualified physician of your choice.

After You Report the Accident Focus On Medical

Once you have notified your employer of the accident, you can then turn your attention to finding a doctor to evaluate and treat your injuries. Craig Mitchell, an experienced New Orleans work comp lawyer, can help. Your employer and their workers compensation insurance representative may request that you be evaluated by a physician of their choice. However, this will in no way negate your right to be treated by the physician of your choosing in addition to whatever health providers you see at the behest of the insurance claims adjuster.

It’s also important to know that the Workers Compensation Act in Louisiana stipulates that remedy for certain work related afflictions, diseases, or illness is required of employers. The affliction, illness or disease must qualify to be classified under the disability category. Additionally, it must be confirmed to exist as the result of conditions and causes that are “characteristic of and peculiar to” the worker’s job responsibilities or the work environment itself.

Common work related stress injuries or medical conditions, including carpal tunnel syndrome, are specifically provided for the and covered under the Louisiana Workers Compensation Act.

Are All Injuries Covered?

The workers compensation statutes in Louisiana include both physical and mental injuries sustained from workplace or worksite accidents or occupational diseases.

Mental injuries qualify if they are determined to be the result of physical injury or of a spontaneous, unanticipated and extraordinary stress related accident connected to the worker’s employment or job function, documented by transparent and convincing evidence.

The Workers Compensation Act provision LSA-R.S. 23:1021 defines an accident as, “an unanticipated or unexpected, actual, precipitous and identifiable event occurring suddenly or violently, by or without human fault.” The accident in question must also qualify as an event that directly produced an injury which is “more than a gradual deterioration or progressive degeneration disease or injury” to qualify under the occupational disease, as defined by the relevant statutes. An occupational disease is defined as only that disease or illness which is the result of conditions and causes characteristic of and specific to the particular trade, occupation, process, or employment in which the employee is exposed to such disease.

Lost Wages
If you are injured to the extent that you will be unable to work for more than a week, you are entitled to receive indemnity benefits. Indemnity benefits or lost wages benefits are intended to replace the wages you have lost by being rendered unable to work due to your work related accident.

If your employer doesn’t believe you had an accident, or if they don’t pay for medical treatment or delay your indemnity payments, call a New Orleans work comp lawyer at Mitchell & Associates at 504.527.6433. We’ll help you get the benefits you deserve.

Read more about New Orleans Work Comp Lawyer Craig Mitchell

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