Workplace / Workers’ Comp Related Injuries
Injuries occurring while on the job are one of the most common and significant physical disabilities in the country. Despite this, most workplaces are configured for production and profit rather than employee safety. The result is often great pain, suffering, and sometimes even death. Workers’ Compensation Laws are complex and subject to change on an annual basis. For this reason, many law firms either lack the expertise or even the will to handle them. Our firm is the exception. We’ve prosecuted thousands of workplace and workers’ comp claims over the years. Here are some important entails you should know regarding workplace related injury cases:
Your employer cannot fire you or in any way discipline you for having brought a workers’ comp claim against them. To do so would be in violation of the law and your rights.
Employers and their insurance companies will often try to blame the accident that caused the injury on you so it’s crucial for you to call a firm with workers’ comp experience immediately.
Often times in workplace-related injuries, dependents of a victim who passed as a result of the accident can receive benefits too.
Workers’ Comp laws in Louisiana are stacked against the victim. That’s why it’s important to have a firm with as much experience as possible on your side.
The long-term burden workplace-related injuries have on their victims can be overwhelming on many fronts; physical, emotional, and most importantly, financial. The settlement you receive must take into consideration all future pain and suffering you and your family will have to deal with. If you suspect you have a legal claim, you can contact us online using this form or call us anytime at 1-800-960-5551. There’s no charge for either service.
Do’s & Don’ts
Workers’ Comp laws change frequently, and it takes a firm with full-time commitment to these particular types of cases to stay on top of them. A firm like the Glenn Armentor Law Corporation. We track every change in WC regulations as they happen and have a team of attorneys who specialize in this unique, challenging type of law. It’s especially important that you are aware of the right and wrong things to do in workers’ comp related cases.
What to Do In Case Of A Workplace or Workers’ Compensation Accident:
Immediately after the accident, call for assistance
Immediately after the accident, call for assistance and do not try to move if you are hurt.
- Insist on an ambulance and immediate medical care if the injury causes substantial pain or appears
Identify witnesses to the accident (names, addresses and phone numbers).
Report the accident
Report the accident as soon as possible to your supervisor.
- Be sure an accident report is filed and that you get a copy.
- List all of your injuries and problems to your supervisor to be placed in the accident report.
If you are unable to work
If you are unable to work after seven (7) days, request (in writing) that workers’ compensation
benefits be started as of the eighth day.
File a Claim Form
File a Claim Form LDOL-WC-1008 “Claim for Compensation” on the eighth day after the accident if
benefits have not begun.
- Send copies of all medical bills, accident reports, medical reports, or other documents you may have on
the accident with your Form 1008, to Office of Workers’ Compensation Administration, P.O. Box 94040,
Baton Rouge, Louisiana 70804-9040.
- If you have questions about how to fill out the forms or about anything else, call 1-225-342-7555; or
Toll Free: 1-800-824-4592.
If the compensation insurance will not begin making payments on your medical bills
If the compensation insurance will not begin making payments on your medical bills and weekly
benefits of two-thirds (2/3) of your gross weekly wage, consult an attorney immediately.
- Be sure the attorney is a personal injury specialist. Ask about his experience!
- Write down all questions you have about your accident and compensation laws prior to interview.
- Learn all you can about your rights under workers’ compensation laws.
- Ask what fees and expenses you will be required to pay.
- Ask what the attorney feels he can do to help you and how he evaluates your chances.
- Interview several attorneys and compare their responses.
Obtain the following documentation:
Obtain the following documentation:
- Copies of all medical bills.
- A list of which bills have been paid and which have not been paid.
- List of mileage to and from all health care visits (to be reimbursed to you at 21¢ per mile).
- Copies of all reports from treating physicians.
- Copies of all admit and ER Room charts.
- Copies of all radiology reports such as x-rays, CT Scans, Bone Scan, MRI, or Myelogram.
- Copies of any statements given by you to your employer or the insurance company.
- Copies of any witness statements obtained from anyone on how the accident occurred.
- Copies of wage records from the last four (4) full weeks you worked prior to the accident.
- Copies of any correspondence between the insurance company and Workers’ Comp Commission.
- An explanation from the insurance company on how it arrived at your workers’ compensation rate and
what it believes to be your average weekly gross wage.
Never sign any releases
Never sign any releases until you are fully prepared to settle your case.
- If you do so, your medical condition should have completely stabilized, and you should have reached
maximum medical improvement.
Keep a written daily diary of the aftermath
Keep a written daily diary of the aftermath of the accident.
- List all that happened in the accident and initial medical examinations.
- Follow your progress and the problems caused in everyday life by your injuries.
(This will prove invaluable at your trial, which may be much later.)
Don't discuss your case
Don’t discuss your case with unnecessary parties. Talk about it with your spouse, doctor, and