Workers Compensation – What is it?

Workers compensation is a system set up in every state that is supposed to make sure people who are hurt while working get healthcare and still receive a part of their salary. How much you get and what type of medical treatment you receive is found in a set of laws that is sometimes known as the Louisiana Workers Compensation Act. The laws are made by the Louisiana State Legislature. The Louisiana Workforce Commission is a state agency that is responsible for making sure the workers compensation laws are followed. To do this, the Office of Workers Compensation was set up to handle and, if necessary, decide disputes between employers and injured workers. Workers compensation laws are different in every state.

Most employers have workers compensation insurance that pays for the medical treatment and indemnity  benefits (the part of your wages you get). The insurers pay for third-party administrators (TPAs) to manage and handle workers compensation claims on a day to day basis. Along the way the TPAs might use nurse case managers, vocational rehabilitation counselors, private investigators and attorneys. Some of these people try to help the injured workers. Too often though they really want to limit what someone is entitled to.

There are different types of workers compensation benefits you can receive. This will be based largely on how bad you were hurt. These benefits include medical treatment, indemnity or lost wages benefits, vocational rehabilitation services, and, in the worse case, death benefits. Workers compensation benefits are required by law. Every employer in the State has to have insurance in place in case one of their workers gets hurt. These benefits are paid or provided directly to the injured worker.

Basic Workers Compensation Benefits

The temporary salary or indemnity benefits are intended to replace the income you lose as a result of being injured while on the job or in the course of doing your job.
The medical care benefit is intended to provide for all medical care necessary to treat any injuries sustained in the accident.

The permanent disability benefit is intended to compensate for whatever decline in ability may be faced with in regards to securing a new job in the marketplace with a disability caused by the accident.
The vocational rehabilitation benefit is intended to prepare you for a new profession or job if you are not able to return to your previous occupation or industry. However, it is important to not overestimate the value of this particular benefit. The goal of rehabilitation services is to return a disabled worker to employment, with a minimum of retraining, as soon as feasible after an injury occurs. As such the bar for the disabled employee’s future employment prospects is often set quite low with the training utilized as relevant to that perceived reality.

Workers compensation benefits also exist for employees who have suffered an injury or illness caused by job-related duties. The benefits available include medical and rehabilitation bills as well as lost wages.

Who Is Eligible For Workers Compensation Benefits?

In Louisiana, most workers are covered under the Louisiana Workers Compensation Acts on the first day they start working. These benefits extend to all workers whether they are employed full-time, part-time or seasonally. Even minors and illegal immigrants are covered.

You Have A Right To Workers Compensation Benefits

If you were hurt in the course and scope of your employment you should be able to get workers compensation benefits. However, employers don’t always agree that you were hurt on the job. They may deny your claim outright. Or they may send you to the company doctor and not tell you you can pick own for yourself. Even if your claim is accepted you may not be paid everything you’re supposed to get, or your checks may not get to you when they;re supposed to. Worse yet they may refuse to pay for do something your doctor says you need to get better.

So what do you do when your job denies your claim? What of you’re not getting the treatment you’re supposed to? What if you get benefits, but they get stopped for no reason? Call an experienced workers compensation lawyer. Call Mitchell & Associates.

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.