How Long Can I Collect Workers Comp in Baton Rouge?
If you get hurt at work, you’ll probably be entitled to workers compensation benefits and you might be asking how long can I collect workers comp It depends on whether or not you’re eligible for workers comp. In Louisiana, in order to collect workers comp benefits, you need to meet certain criteria.
These criteria aren’t much different in Louisiana than they are in any other state. For the most part, as long as meet the following criteria, you should receive workers compensation:
- Your injury took place while you were on the clock
- You were working within the scope of your employment
- You followed all company policies regarding workers comp
- You were treated by the company approved doctor
- You followed all your doctor’s recommendations
- You weren’t under the influence of drugs or alcohol at the time of your accident
If you meet all of these qualifications, your workers comp claim should be approved.
Once your claim is approved, you may wonder how long they last. It really depends on the type of injury you sustain. It also depends on how bad your injuries are. Your Baton Rouge workers comp lawyer can review your case and give you an idea of how long your benefits may last. However, until you’ve completed your medical treatment, it’s hard to say.
What are Your Workers Comp Benefits in Louisiana?
If you do qualify for workers comp, you’ll be entitled to certain benefits. The first type of benefits you’ll receive are called temporary disability benefits.
These benefits include the following:
- Medical care for your work-related injuries
- This care must be provided by a company approved doctor
- Replacement wages equal to 2/3 of your average weekly wages
- The maximum weekly benefit you can receive is $657
Some employees recover from their injuries after just a few months. Other people take a bit longer to recover. You can only receive temporary disability benefits for 520 weeks. That is ten (10) years. So, if you’re seriously injured and don’t recover, you can expect to receive workers comp benefits for as long as ten years.
However, your temporary disability benefits will terminate if you reach what is called maximum medical improvement (MMI). This is the point at which the doctors determine there is no chance of you getting any better.
What About Permanent Disability Benefits?
Once your doctor determines that you’ve reached MMI, they’ll have to make a decision. Are you totally disabled and unable to work at all? Or, is a particular part of your body permanently disabled?
There are two types of permanent disability benefits under workers comp. If the doctors determine that you are totally disabled, you’ll continue to receive workers comp weekly benefits for as long as the disability continues. This could continue until retirement age.
Or, the doctor may determine that you are partially disabled. This will depend on the part of your body that was injured. For example, if your back is 100% disabled, you’ll receive a certain amount of benefits. Each body part is worth a certain number of weeks.
If you injure a minor body part, such as a finger or toe, you’re not going to receive a ton of money. However, if you are found to have permanently damaged your back, knee, neck or other major body part, you’ll receive a larger settlement.
Your Baton Rouge Workers Comp Lawyer Will Negotiate a Settlement
As long as continue to receive workers comp benefits, you’re not allowed to work. Most people can’t afford to live on 2/3 of their weekly wages. This is why your Baton Rouge workers comp attorney will try to settle your claim.
Your attorney will work with the insurance company to come up with a lump sum settlement. This amount will take into account how much you would’ve received had you stayed on workers comp. It will also be discounted for current value. Once this amount is reached, you’ll be able to settle your claim.
After your settlement is resolved, you’ll received your settlement funds. You’ll then be allowed and able to work again, if you can. Or, you can apply for state disability benefits.
Contact a Trial Lawyer in Baton Rouge Today
If you’ve been injured at work, you’re probably scared. You’re wondering how long you can survive on what you’ll receive on workers comp. You need to call and speak with an experienced workers comp lawyer in Baton Rouge.
Call today and schedule your free initial consultation. And remember – you pay nothing until you settle your case.