How Long Do I Get Workers Compensation?

How Long Can I Receive Benefits?

How long an injured person gets workers compensation is a question we get all of the time. When you get  hurt on the job and your claim is accepted, indemnity benefits (the money you are paid) in Louisiana generally adhere to the following schedule:

Initial payment of Temporary Total Disability Benefits or Permanent Total Disability Benefits is due on the fourteenth day following the date after the employer or their insurance company was informed of the worker’s injury. Weekly payments will follow until you are able to return to any type of labor for wage earning.

If it is determined that the injured worker is entitled to Permanent Partial Disability they are to be paid in one lump-sum no later than thirty days from the date that the employer or insurer is notified by a medical report informing them of the permanent impairment.

There are other workers compensation benefits both on-going and lump-sum payments available to injured workers, depending on their specific circumstances. It’s always in your best interest to consult with a lawyer for a preliminary consultation regarding your rights as an injured worker. There is never a charge for an initial consultation.

Make Sure Your Work Related Accident Is Reported Immediately.

If you are injured while performing your job or on a job site, the most important first step is reporting the accident to your supervisor and employer right away. By law, an injured worker must report their accident or injury to their employer within 30 days of the date of the incident. If a worker fails to report such an incident or occurrence within the 30 days, it is possible that their right to access Workers Compensation disability and healthcare benefits could expire.

If more than 30 days have passed and you have not yet reported your accident or injury to your employer, your best course of action is to consult with an attorney. There are some exceptions to the time period eligibility law that may apply in your case.

As soon as you are injured, report the accident to your employer. This is the best way to protect your health and your rights. It’s also a good idea to request a copy of your accident report from your employer. The report serves as proof of the date of the accident and when it was reported. By law, employers in Louisiana must use Labor Form 1007, Employer Report of Injury or Illness, to submit the information regarding your accident and claim to the Louisiana State Office of Workers Compensation.

Indemnity or Lost Wages Benefits.

One of the first questions that injured workers always ask after they have informed their employer of their job or worksite related accident is what kind of benefits they are entitled to. A common misconception among workers is that their lost wages will be replaced at a rate of 100%. This is incorrect. If you become disabled, temporarily or permanently, by a work related accident injury you are entitled to receive what amounts to roughly two-thirds of your wage as indemnity benefits.

Additionally, there is a weekly cap on all indemnity benefits of $630.00 per week in the state of Louisiana. Obviously, if you are a high wage owner, the cap will affect your income more significantly than if you earned a lower wage. Regardless of your income bracket, research has shown that the average job related accident serves to decrease a household’s total earning power by as much as one-third.

 

Sending us information about your potential case does not mean we will automatically represent you – you are telling us about your situation in order for us to evaluate whether we believe you have a case which we may choose to handle on your behalf. We will review your circumstances and let you know as soon as possible whether we can discuss your potential case with you further. The information you give us is confidential and can’t be shared with anyone outside of our office.