Louisiana Worker Compensation Lawyer
With Workers Compensation, an employee who is injured on the job does not have to prove that the employer is at fault to receive medical care and assistance. The worker simply files a workers compensation claim with the employer’s insurance carrier for medical bills and 2/3 of their weekly salary. Once the worker has recovered to the point of MMI (“Maximum Medical Improvement”) he or she can return to work, but not necessarily to the same job. If the injury is severe, the worker can continue receiving benefits for up to 470 weeks. A worker who suffers a “permanent total disability” and cannot return to any kind of work could receive a cash settlement for future medical costs and wage loss.
Workers Compensation Attorney Thomas V. Alonzo
Call Thomas V. Alonzo for a free consultation about your workers compensation or work injury claim. (337) 704-2615
Workers Compensation: Pros and Cons
Workers compensation can be beneficial for the worker because medical and financial needs are addressed immediately without the long process of establishing liability and fault. The worker can choose his or her physician and all medical costs are covered. However, the downside of workman’s comp is that a worker is limited to a set amount of compensation and cannot sue their employer for negligence. An injured worker may not be able to return to the previous job and might have to take a lesser job. Additionally, there can be problems negotiating with the insurance company handling the employer’s Louisiana workers compensation claims. Insurance companies might try to deny claims or seek to minimize the workers’ benefits. In this situation, workers compensation attorney Thomas V. Alonzo can help you with your claim.
Third Party Liability
If a third party, such as a sub-contractor or employee of another company, is responsible for the worker’s injury, the worker will not be limited to workers compensation benefits. For example, if your injury is caused by a product at your employer’s premises that is owned by someone other than your employer or if a third party’s employee causes you to suffer an injury at work, you may file a personal injury claim against the third party. That third party can be sued for medical costs, pain and suffering, and loss of earning capacity. It is important that your attorney is skilled and experienced at recognizing not just a workers compensation claim but also third party liability claims. Thomas V. Alonzo successfully litigated a job injury involving third party liability in Napoleonville, Louisiana. A jury found the third party to be responsible for the man’s injury and awarded a multi-million dollar verdict.
How Do I Know if I Have a Claim?
If your injury was caused by someone else’s negligence and you have suffered actual losses as a result of the injury, you may have a claim for compensation.
What can I recover for?
Depending on the case, you can recover for any or all of the following: present medical bills, future medical bills, emotional and psychological losses, wage loss, future wage loss, and damage to property.
What is my case worth?
The amount that you could receive from a settlement or jury award depends on several factors: type of injury, severity of injury, current and future medical bills, wage loss, other losses and also the degree of negligence of each party. We will have a general idea of what a particular case is worth based on many years of experience litigating personal injury claims. However, each case is unique, so past results are only a guide to determine the value of your specific claim.
Do I really need a lawyer?
The insurance company representative may tell you that you can settle directly with them and do not need a lawyer. The fact is that the adjuster is working for the insurance company, not for you. Their goal is to pay the least amount possible to settle your claim. What may seem to be a large settlement offer may not actually be enough to cover many years of medical bills and loss of earning capacity. Especially for serious injuries, it is easy to underestimate the amount of money needed for your future.
For more information, see our Personal Injury FAQs page.