WORKERS' COMPENSATION ATTORNEY IN MONROE, LOUISIANA
Accidents happen, and when you experience an injury at work, it can bring about major disruptions to your life. Aside from the purely physical ailments, an injury can also affect everything from your finances to relationships to your future job prospects and earning potential.
Each of us spends roughly one-third of our lives at work. Whether it's sitting behind a desk, laboring at a construction site, or any functioning in any other workplace setting, there is always the chance that you might get hurt.
Indeed, a work-related injury can cause all kinds of problems separate from the injury itself. Medical bills can add up, income, and wages may decline due to time away from work. The good news is that workers' compensation benefits and professional legal counsel are available to relieve physical and financial difficulties a workplace injury may cause.
State laws in Louisiana are designed to compensate workers who have been injured on the job in a manner that restores at least some of what was lost. While this is good news, workers' compensation laws also limit how much financial restoration can be received. There are several types of benefits, all with their own set of standards. Continue reading to learn which benefits you may be eligible for.
Why Choose Bruscato Law to Handle Your Workers' Comp Claim?
As I mentioned, if you've suffered a workplace injury, then you are very likely entitled to financial compensation.
However, the workers' compensation system makes it difficult to get the money you're rightly entitled to. You see, in Louisiana workers compensation cases, insurance companies aren't on your side. They want to limit the compensation you stand to receive and do whatever they can to limit your claim's value. What’s more? Sometimes insurance companies will try to chalk up the injury as unrelated to the supposed “accident,” but rather from a pre-existing condition.
The truth is, to get the results you want, injured workers may need to aggressively fight and negotiate for their rights to fair compensation.
At Bruscato Law Firm, we have nearly ten years of experience managing injury cases in and around Monroe on behalf of injured employees. We know that the workers' compensation legalities of Louisiana like the backs of our hands. We know the rules and procedures of workers' compensation that can impact your injury claim and influence it for the best possible outcome. As you begin to pursue compensation for your injuries, you need an experienced workers' compensation attorney to help guide you every step of the way.
How Can a Monroe Workers' Comp Attorney Help?
If you were injured in the workplace, you want the workers' comp benefits you're entitled to recover from your injuries. After all, the workers' compensation system exists to help get injured employees back on their feet and back in the workforce.
However, you may not be treated fairly by your employer's insurance company during a workers' compensation case. Roadblocks such as a denied claim, requests for excessive amounts of evidence, or delayed payments may occur. By failing to present your claim on time or refusing to corroborate your story, your employer may also make it more difficult than necessary for you to obtain fair compensation.
A dedicated Monroe workers' compensation lawyer can help you protect your rights and demand justice in these circumstances.
You have somebody on your side when you hire a lawyer and seek their legal advice. During the battle for fair and full workers' compensation benefits, your attorney will not allow anyone to take advantage of you. A personal injury attorney can negotiate on your behalf with insurance carriers, vigorously arguing for a more fair compensatory payment based on your injuries and associated losses.
A workers' comp lawyer might be able to negotiate more money for you than you might have received from the insurer on your own. If mediation talks fail to produce the desired outcome, Bruscato will take the case to court in Monroe, Louisiana to fight for a better result.
Since the Bruscato Law Firm works on a contingency fee basis, you do not have to worry about how much it would cost to hire an attorney. If you cannot work and have bills to pay for your medical care, then the last thing you need is a pay-by-the-hour lawyer to "help."
That's why we're offering our services for zero dollars.
Only after we secure a compensatory payment for you, and only if we win the case, can we charge attorney fees. We will charge $0 for our services if we fail to receive a settlement or jury verdict from you. The easiest way to defend your rights in Monroe, Louisiana, may be by using a Monroe personal injury lawyer experienced in workers' comp cases to represent your case—contact Bruscato today for a free case evaluation.
What Workers' Compensation Benefits are Available to Injury Victims in Monroe?
Employers in Louisiana are required by law to carry workers' compensation insurance to help pay the medical expenses, and cover lost wages of injured employees. The extent and duration of your benefits depend on the nature of your injury and what is needed to completely recover.
Employers are expected to provide medical treatment to workers for accidents related to work. You will usually choose your own doctor, but your employer can then choose a second medical opinion from their doctor.
In most cases, by delays, rejection, and even restricting the acceptance of your medication and medical testing, the employer's insurance provider will try to pay the least amount of money possible.
Bruscato has the experience to help you manage this process and collaborate to speed up your recovery procedures with your physicians and therapists.
Lost wages and income
If you are unable to work because of a workplace injury, then you may be eligible to receive wage loss benefits to make up the difference.
If your ability to work has been compromised and your wages are reduced, you may be eligible for rehabilitation services.
Wrongful death workers' compensation benefits may be available if you die within a specific period of time following the accident.
Types of Disability Benefits
As required by Louisiana law, all employers have to carry workers' compensation insurance for their employees. The workers' compensation act was put into place to provide injured workers with medical benefits and replacement for a portion of lost wages.
Every case is unique, and the type of benefits you may be eligible for will fall into one of the following categories:
Temporary Disability Benefits: These benefits are available to you if you can only partially perform your work tasks. These benefits are for injured employees who need at least seven days to recover. The injured will not receive compensation for the first seven days unless more than two weeks of work is missed. At that point, compensation is up to $657 per week.
Permanent Partial Disability Benefits: These benefits are available if you've lost the use of a body part or function that partially limits your ability to work. Examples include the loss of vision or hearing or amputation of a body part, like your arms, legs, feet, hands, or otherwise. This benefit is also equivalent to two-thirds of your weekly wages.
Permanent Total Disability Benefits: These benefits are for injured employees who absolutely cannot work any type of job at all, even if it doesn't align with their given experience, education, or other types of qualifications. What's deemed permanent or not can vary and there are also lots of exceptions and clauses to permanent disability. One of those is that people who have suffered catastrophic injuries can also receive a one-time payment of $500,000 in addition to other damages.
Disfigurement Benefits: These benefits are available as compensation if your workplace injury resulted in disfigurement or the specific loss of a body part or limb. Payment will depend on the nature of the injury and the body part(s) affected.
Returning to Work:
In some cases, after you've recovered and are ready to go back to work, you may no longer be able to perform the essential duties of your former position. In this situation, your employer may help you find a new position within the same company. Louisiana Code section 23:1221 states that if the new position pays less than your former role, you may be eligible for weekly payments to make up the difference in pay to compensate for wage loss.
Types of Workers' Compensation Cases We Handle
If you've been injured on the job or developed an illness or disease because of your work, Bruscato is here to help. We handle all workers' compensation cases including, but not limited to:
Repetitive stress injuries
Head and brain injuries
Catastrophic injuries and disfigurement
Fatal workplace accidents
Soft tissue damages
Slip and fall injuries
Work-related car accidents or truck accidents
Additionally, Bruscato handles compensation for occupational disease.
Compensation for Occupational Diseases
Usually, serious injuries are clear to see. Broken bones, cuts, bruises, and back injuries all typically have symptoms that can be seen and clearly indicated. Sometimes, the damage isn't as noticeable because it's internal. An occupational disease is an example of this type of injury — and compensation is still due.
Occupational diseases involve being exposed to specific environments at work that directly correlate to the illness. There is still a statute of limitations for filing an occupational disease claim with the insurance company. However, there's a bit more leeway since it's not as easy to detect.
Claims must be filed within one year of:
the employee suspecting that the disease is work-related,
the disease manifesting itself,
the employee is disabled as a result of the disease, or
the employee is dying from the disease.
How Do I Recover Workers' Compensation in Monroe?
If you've been injured at work, there are several vital steps to take to protect your right to compensation.
Report the Injury to Your Employer
No matter how serious the injury, you must always report it. Even if you think it's minor or that it might heal on its own with time, you must report any injury to your manager. The statute of limitations says you must report your injury within 30 days of the accident taking place.
Seek Medical Attention
Your first concern is your safety. If your injury is an emergency, seek treatment as soon as possible from a local clinic or emergency room. If your injury was not an emergency, seek medical assistance from the appropriate specialist or doctor as soon as you can.
File Your Workers' Compensation Claim
After you report your injury to your employer, they will typically file a workers' comp claim on your behalf with their insurance company. Your manager or supervisor will prepare a "First Report of Injury" after first hearing about the accident. From there, your employer will file the report with their insurer, who then submits this form to the Louisiana Workforce Commission.
Speak With a Workers' Comp Lawyer in Monroe for Your Free Case Review!
Navigating the legal system while you or a loved one is trying to recover from a work-related injury can be complicated. That's why it's crucial to hire an attorney at law who can help you alleviate that stress and take the right steps towards seeking justice.
John Bruscato is an experienced workers' compensation Lawyer who handles personal injury, workers’ comp, and Social Security Disability claims. Contact our law offices today for legal representation to help you file your workers' comp claim and receive fair compensation for your workplace injury.
Call 318-855-1613 today to schedule a free consultation, and we'll discuss the options for pursuing your legal rights to compensation.
LOUISIANA WORKERS’ COMPENSATION ATTORNEY
If you suffered an injury while at work, Bruscato Law can be an advocate in helping you receive the compensation you deserve. Attorney John Bruscato has the passion and expertise you need and is ready to work hard for you. If you're in the Monroe, Louisiana area contact him today for a consultation.