If you were injured on the job, you are most likely unable to work, costing you valuable wages that your family may be depending on. And when your employer turns their back on you and refuses to honor your claim with fair compensation, you find yourself in uncertain circumstances. Will you be able to settle your medical bills from your injury? How will you manage the lifelong consequences like extensive therapy or in-home care? How will you or your family move on from this traumatic event without the financial support of your previous employment?
Most workplace injury victims start by filing a claim with their employers, only to find out that their employer doesn’t have their interests at heart and is going to make it difficult to seek a fair settlement. In the worst cases, companies or employers will deliberately conspire with medical professionals to ensure that a workers’ comp claim is denied.
When your claim seems like an uphill battle, an injury attorney is here to assist you. We’ll carry the weight of proving your claim and fighting to retain the compensation you are entitled to under state law for your injury. Don’t leave your claim up to the discretion of your employer, schedule a free consultation with a Baton Rouge workers’ compensation lawyer from our office.
What Is a Work-Related Injury?
Any injury you suffer, whether caused by a workplace accident or not, can be considered a work-related injury if it was sustained throughout your job. Your injury may be a result of a single incident or years of consistent exposure working under certain conditions.
To find out if something can be considered a work-related injury, an attorney from our law firm will ask you about the nature of your work and how long you’ve had the injury before filing for workers’ compensation.
Your work-related injuries can range from chronic pain to a traumatic personal injury that requires lifelong care and therapy. You don’t underestimate the damage from the injuries you’ve sustained through your employment, and neither will our attorneys.
Could Your Injuries Be Covered Under Workers’ Compensation?
Our firm has seen numerous forms of workmans’ comp claims in our years as attorneys in Baton Rouge. Whether your injury is one clearly caused by a workplace accident like a fall, burn, fallen object, or machinery accident; or one that stems from years of hard labor or improper protective measures on a job site, we’re confident that we can represent your claim both in and out of court.
Your injury does not need to be sudden and dramatic for you to seek compensation for a workplace accident. Repetitive, stress-related injuries that damage your nerves or muscles are often overlooked as just another factor of the job. Gradual hearing damage from constant exposure to loud noises and a decline in health due to contact with dangerous chemicals are also valid reasons that you may have for filing your claim. But when your employer sees these injuries as just a part of the job, they will be less likely to help you when it comes to paying out for your medical expenses.
With the help of a lawyer experienced with labor laws in Baton Rouge, you don’t need to settle for a less than fair compensation offer for your work-related injuries. If you have been hurt on the job, the best thing you can do is to file an accident report and seek medical treatment as soon as possible. When filing your accident claim, make sure that you keep copies of all your prior and future medical records, receipts from out-of-pocket expenses, witness statements, your own notes of the event, and photographs of the injuries sustained and the accident site if possible. Your attorney may be able to help you gather some of these crucial documents which can help prove that your injury was related to your job and that you deserve compensation.
How To File a Workers’ Comp Claim In Baton Rouge
When you file for workers’ comp, you need to back up your claim with as much proof as you can. During your consultation with our team, we will ask you about possible witnesses and the time and place where your injury occurred.
For a claim to be successful and see maximum compensation, you will need to report your injury to your employer within 30 days of the occurrence. If another employee or party is responsible for your accident, an attorney from our injury law firm can help you to determine their level of fault and to file a suit against said parties as well.
After you’ve submitted the incident details and your claim for workers’ compensation, you may be asked by your employer to undergo a medical examination. This examination will assess the extent of your injuries and determine whether your employer is entitled to providing workers benefits. It will also help determine when you may be fit to return to work.
Bear in mind that workers’ compensation is a claim that acts as a form of insurance, so you should still be paid your regular wages and receive medical benefits while you recover from your accident.
What Am I Entitled To Under Workers’ Compensation?
Under state law, your insurance is undertaken entirely by your employer and can’t be deducted from your payroll. Apart from having most – if not all – of your wages paid out while you recover, the law provides that you are entitled to necessary medical testing. If your employer refuses to pay your wages or deducts insurance from your salary, don’t hesitate to contact an attorney to step in on your behalf.
Other medical benefits that you should receive under laws for workers’ compensation include the cost of rehabilitation therapy and prescription drugs for your recovery. While your initial medical examination is done by a company-chosen doctor, you may opt to receive treatment from a medical professional of your choosing later on. However, that does not mean that you will forfeit your workers’ compensation benefits from your employer.
Are you unsure what your claim is worth, or if you have a workers’ comp case at all? Don’t let crucial financial benefits you are already entitled to slip through your hands while you are busy recovering; contact an attorney from Babcock Injury Lawyers. We will fight to preserve your rights while you take the time necessary to recover from your workplace injury.
Biased Medical Examinations Can Reduce Compensation
To prove your injuries and determine how much workmans’ comp you are entitled to after being injured on the job, you will be required to undergo an independent medical examination or insurance medical exam. This examination has to be done by a medical professional that is chosen by your employer or company.
Initially, this sounds like a fair offer. However, many companies will maliciously choose doctors whom they know will work with them in order to deny that certain injuries were sustained due to the workplace environment or a job site accident.
Not only could you be offered a settlement far lower than what you reasonably need to afford medical treatment and recovery, you could be facing a biased medical examination that could play down your injuries or refute their existence entirely. In time, you could find that you have complications from these initial injuries or increasing declines in your health. This leads to worsening injuries and even future medical complications; all of which would be nearly impossible to seek compensation for if your initial claim shows that nothing was wrong.
As much as we don’t want to believe it, employers often do not have our best interests at heart, but rather their own bottom line. Our firm has seen numerous cases where companies will use every advantage in their wheelhouse to coax an injured worker into accepting a low settlement. Such companies may even deny your claim altogether, leaving you with the impression that you have little to no recourse in the matter. Your company does not want you to take them to court over an injury, but they also don’t often want to pay the full value for workers’ compensation when they can get away with paying a fraction of the claim, or none at all. This is where you need a lawyer to help you navigate the intricacies of your claim and take legal action.
Appealing Claims in Baton Rouge
If you have already filed a claim with your employer but been denied, it doesn’t mean that there’s no recourse for you. Even if your claim has been denied or attributed to a pre-existing condition, a Babcock worker’s compensation attorney won’t give up on your right to justice for your injuries. Let us help you get to the truth of your workplace accident and prove to your employers that your accident was caused by someone else’s negligence on the job, whether at the hands of the company itself or another party.
You have the right to appeal your claim for workers’ compensation in Louisiana, whether you are being denied or feel that the benefits you have been granted are inadequate to your medical/financial needs. But filing a disputed claim could mean a longer legal battle, more bills, and more stress in your recovery. You have two options for seeking further action in your claim, both of which are best handled by a legal professional with experience in workers’ compensation trials.
Trial And Appeal Under Workers’ Comp Laws
As experienced trial lawyers, we’ll help you determine which benefits you are entitled to under state law and complete the necessary paperwork in a setting that is comfortable for you.
Once your claim is filed and received by your employer, there will be a hearing scheduled for your case. Thanks to attorneys Stephen Babcock and Chase Tettleton, you’ll have the opportunity to present well-documented evidence, plead your respective side, and give solid proof of your case against your employer in a courtroom.
We’ll keep you updated over the next 30 days until a judge dispenses the hearing’s verdict. If there are further appeals to be made on your behalf, we’ll let you know your chances of success. No matter your decision, your interests when it comes to your case will always be heard.
Voluntary Mediation With Your Employer
You may already be feeling overwhelmed, particularly financially, by your accident and subsequent injury. A hearing is expensive and you might not be sure of the value of your claim. There is another option. Our attorneys at Babcock Injury Lawyers are skilled and acclaimed legal mediators. We encourage our clients to attempt voluntary mediation first, in which your attorney will act as a liaison between you and your employer in order to come to an agreement and settle for fair reimbursement of your pain and suffering.
However, if neither party can come to an agreement on the events and awarded sum, you will already have the help of an aggressive attorney to represent your workers’ compensation claim in a Baton Rouge or state court of law.
We know how exhausting the trial process can be, so we will do our best to help you settle matters out of court. No matter which course you choose to take, you can count on a Babcock attorney to get you a fair monetary award.
Contact a Baton Rouge Workers’ Compensation Attorney
Have you been feeling overpowered by your employer, left helpless by your injury and the denial or underpayment of workers’ compensation benefits you were promised? You don’t have to face this alone. Call a Baton Rouge workers’ compensation lawyer schedule your free consultation and get justice for your workplace injury.