Workers’ Compensation

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Workers’ Compensation

Schedule A Consultation, today!


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Client Results

Workers’ Compensation

Work-related injuries can be physically, emotionally, and financially overwhelming. Fortunately, workers’ compensation laws protect employees and provide them with essential benefits if they’ve been injured on the job. Leveraging our deep knowledge of workers’ compensation laws, we are here to guide you through every step, ensuring that your rights are upheld and that you’re compensated justly. With SWLA Injury Attorneys, you’re not just another case – you’re a priority that deserves personalized attention and relentless advocacy.

Empowering Injured Employees

If you have been injured on the job, don’t navigate the workers’ compensation process alone. Our local workers’ compensation attorneys have represented workers across Lake Charles and Louisiana, ensuring every employee receives the benefits they deserve after a work-related injury. We are always updated on the latest changes in workers’ compensation laws and procedures, helping clients secure fair financial compensation for their medical expenses, lost wages, and other damages.

How Can We Help You?

At SWLA Injury Attorneys, we recognize the challenges you face after a workplace injury. Our team takes a compassionate and supportive approach, guiding you through the workers’ compensation process with care and understanding. We are committed to protecting your rights and helping you through this difficult time. Our local litigators have successfully represented numerous clients in workers’ compensation cases, and are committed to achieving the best possible outcome for every client.

Hard At Work, Even When You Can’t Be

With our decades of combined experience, SWLA Injury Attorneys have been a beacon of hope for countless employees seeking rightful compensation after being injured at work in Lake Charles and Louisiana. Our legacy is built upon an unyielding commitment to justice and a deep understanding of the complexities behind workers’ compensation law. With each case, we’ve refined our approach, using lessons from the past to forge successes in the present. This accumulation of experience, combined with our relentless pursuit of what’s right, sets us apart as the premier workers’ compensation legal team in Louisiana.
When you choose SWLA, you’re not just choosing a firm; you’re aligning yourself with a legacy of excellence and a promise of unwavering dedication both in and out of court.
If you’ve been injured at work, don’t wait to seek representation. Our attorneys can conduct a comprehensive evaluation of your case, allowing us to build a strong case on your behalf and ensure you receive the benefits you deserve. Contact our experienced local workers’ compensation attorneys for a free consultation, today.

Workers’ Compensation

What is workers’ compensation?

Workers’ compensation is a kind of insurance that provides wage replacement and medical benefits to employees injured in the course of employment, in exchange for mandatory relinquishment of the employee’s right to sue their employer for negligence. Essentially, it’s a system designed to ensure that workers receive appropriate medical care and compensation for injuries or illnesses sustained while working, without the need for lengthy and expensive litigation.

The specifics of workers’ compensation vary from one jurisdiction to another, but the core principle remains: it protects workers from the financial hardships of work-related injuries and protects employers from potential lawsuits. Benefits can cover medical expenses, rehabilitation costs, lost wages, disability payments, and, in the event of a worker’s death, benefits for the worker’s dependents.

Who is eligible for workers’ compensation?

Eligibility for workers’ compensation can vary. Typically, an individual must be an employee of a company that carries workers’ compensation insurance, and the injury must have occurred during work-related tasks. However, not all employers are mandated to offer this insurance, and certain workers, like independent contractors, some agricultural workers, employees of a private residence, and others might be excluded.

Furthermore, the injury must be reported promptly, and injuries resulting from personal negligence (such as being under the influence of drugs or alcohol) might not be covered. Given the nuances in eligibility, it’s wise to consult local regulations or legal counsel to understand specific rights and coverages.

Do I need to visit a specific doctor for my work-related injury?
Injured workers in Louisiana have the right to choose their doctor in any specialty for medical treatment. However, the employer or their insurer has the right to request a second medical opinion. If disagreements about treatment arise, the matter might be resolved through a medical examination by a third-party physician.
How long will I receive workers’ compensation benefits if I win my case?

In Louisiana, the duration of workers’ compensation benefits depends on the injury’s nature and severity. If you’re entirely unable to work but expected to recover, you can receive benefits until you either return to work or your condition stabilizes. If you’re left with a lasting disability but can still work in some capacity, you might receive benefits ranging from weeks to years, depending on the extent of the disability. Those unable to return to any work could receive benefits for life. Additionally, if post-injury earnings are less than 90% of pre-injury wages, benefits may cover wage differences for up to 520 weeks. Medical benefits continue as long as treatments are related to the injury and deemed necessary. For fatal injuries, dependents may receive benefits based on their relationship to the deceased. It’s always wise to consult with an attorney for specifics tailored to individual situations.

Can I be fired for filing a workers’ compensation claim?
In Louisiana, it’s illegal for an employer to retaliate against an employee for filing a workers’ compensation claim. Workers have the right to seek compensation for injuries sustained on the job without fear of retribution. If an employee believes they were dismissed due to their claim, they might have grounds for a wrongful termination or retaliation lawsuit. However, it’s essential to note that while employers cannot fire someone for the claim itself, they can let an employee go for other valid reasons, such as prolonged absence or company downsizing. Every situation is different, so we strongly encourage individuals in this situation to contact an attorney for more information on their specific claims.
Can I receive workers’ compensation benefits for a pre-existing condition that was aggravated by my job?

If a pre-existing condition is aggravated or exacerbated due to job-related activities, you may be eligible to receive workers’ compensation benefits. It’s not the presence of the pre-existing condition itself that qualifies an individual for benefits but rather the worsening or acceleration of that condition because of work-related duties or incidents. However, proving that a job aggravated a pre-existing condition can be challenging. Medical documentation and expert testimony may be required to establish the link between work activities and the exacerbated condition.

If you believe your pre-existing condition has been worsened by your job, consulting with a knowledgeable workers’ compensation attorney can provide clarity and guidance on pursuing benefits.

What if my employer doesn’t have workers’ compensation insurance?

In Louisiana, most employers are required by law to carry workers’ compensation insurance. If your employer doesn’t have this insurance and you’re injured on the job, you may still have options. First, you could seek compensation directly from the employer through a civil lawsuit, where potential damages might exceed what workers’ compensation typically provides. Additionally, Louisiana has an Uninsured Employers Fund that could offer some relief, although accessing it may have specific procedural requirements. It’s essential to act quickly, as there are strict timelines for filing claims.