TEMPORARY TOTAL DISABILITY

If you’re temporarily totally disabled and unable to do any type of work, you should receive Louisiana Workers Compensation weekly benefits of up to two-thirds of the wages that you were earning when your disability began. Your benefits should be based upon your full income, which sometimes even includes taxable fringe benefits or wages from a second job.

You should receive your first Workers’ Compensation payment within 14 days after you provide your employer with medical documentation showing that you're unable to work and your employer may owe you a penalty payment if your benefits are not started on time. You should continue to receive weekly benefits until you receive a valid medical release to return to work, frequent medical treatment is no longer needed and the extent of any long-term disability can be determined.

SUPPLEMENTAL EARNINGS BENEFITS

If you can return to work, but your medical condition prevents you from earning at least 90% of the income you were earning at the time of your accident, you should receive Supplemental Earnings Benefits (often called “SEB”). These monthly benefits should equal two-thirds of the difference between what you were earning at the time of your injury and what you are currently able to earn. Factors considered in determining the amount of your benefits may include the type of work restrictions imposed by your doctors and the availability of work within those restrictions.

PERMANENT PARTIAL DISABILITY

You may receive Permanent Partial Disability benefits even if your injury did not cause you to miss significant time off of work. A Permanent Partial Disability rating allows you to receive guaranteed minimum benefits for many specific injuries, including hearing or vision loss, scarring, damage to your hands, arms, legs or feet, or damage to your internal organs.

PERMANENT TOTAL DISABILITY

You should receive Permanent Total Disability benefits if the Workers’ Compensation Court determines that you will be unable to perform any type of work for the rest of your life. To qualify, you must provide the Judge with very convincing medical and vocational evidence.

CASH SETTLEMENT

You may be able to settle your case and receive a single cash payment to compensate you for your loss of earning capacity, future medical expenses and permanent disability. We can help you maximize your benefits, determine the full value of your claim and negotiate your settlement.

MEDICAL BENEFITS FOR INJURED EMPLOYEES

Workers’ Compensation insurance companies often ignore or deny requests for medical treatment. In fact, their refusal to authorize medical treatment is one of the most common reasons people call us for help with their claim. We can get a prompt response to your doctor’s orders for tests, medication or surgery. If your treatment is denied, we can ask the Court to overrule the insurance company and order the treatment your doctor requested. In addition to paying for hospitalization and physician expenses, Workers’ Compensation should also cover the cost of prescription medication, physical therapy, psychological counseling, medical devices and travel expenses for medical treatment.

SELECTING YOUR TREATING PHYSICIAN

Louisiana law allows you to select one treating physician in each medical specialty and you’re not required to pick your doctors from a list prepared by your employer or their insurer. You also have the right to talk with a lawyer before authorizing the release of your medical records or undergoing any tests or surgery. Your attorney should handle all contacts with the insurance company, including all conversations with the claims adjuster, medical case manager, vocational rehabilitation expert and the insurance company’s lawyer.

WORKERS' COMPENSATION AND SOCIAL SECURITY

You can receive Workers’ Compensation and Social Security Disability at the same time, up to a combined benefit of 80% or more of the income you were earning before you became disabled. For some people, their Social Security Disability benefit payment is much higher than their Louisiana Workers' Compensation benefit rate. Social Security Disability also includes annual “cost of living” increases and may pay additional benefits for your spouse and children. While Workers' Compensation benefits are often disputed and are rarely paid at their full rate for more than few years, people who qualify for Social Security Disability often receive those benefits for the rest of their lives. If you have a serious work-related injury or illness, qualifying for and coordinating your Louisiana Workers' Compensation and Social Security Disability benefits can be a very important step.

Many people with work-related injuries will be approved Disability if they’re persistent in pursuing their claim through the Social Security appeals process. Most Social Security Disability applications are initially denied and the Social Security Administration reports that you’re much more likely to eventually recover benefits if you’re represented by an experienced attorney.

It’s especially important to get legal advice if you plan to settle your Workers’ Compensation claim. The terms of your Workers’ Compensation settlement can have a huge impact upon the amount of Social Security benefits you receive and the degree to which Medicare will cover your future medical expenses.

I represent people throughout Louisiana in Workers’ Compensation and Social Security claims and can provide you with the legal help you need to qualify for the benefits you deserve. Contact my office toll-free at (800) 851-9405 or by email for a free consultation today.

This site provides information about Louisiana Workers Compensation issues, including: