Workers’ Compensation Attorney in Lafayette, LA
There are two laws — one a Louisiana law and another a federal law — which govern workers’ compensation in Louisiana. An understanding of each of these is important for workers injured on the job. I am privileged to help workers in select situations prosecute their workers’ compensation cases. While I have extensive experience handling both state and federal workers’ compensation, today as a Louisiana personal injury lawyer, I limit my workers’ compensation practice to prosecuting those claims for individuals who also have a lawsuit against a third party for their injuries. In other words, if someone is injured while working through the fault of another company or another individual who is not a co-worker, I am able to help prosecute his claim for workers’ compensation benefits, while at the same time prosecuting the claims against the parties truly at fault.
If someone is injured on land in Louisiana while at work, he has a claim arising under the Louisiana Workers’ Compensation Act (La. R.S. 23:1021). This act is administered through the Louisiana Department of Labor – Office of Workers’ Compensation. If you are injured on land, you should immediately report the injury to your employer and see to it that an accident report is properly filled out. Typically, the employer then will turn this over to his insurance or risk management department, and that department will assist the employee in getting proper medical attention and also start the benefits due him under the compensation side of the Act. Each worker is entitled to weekly compensation benefits in the amount of two-thirds of his average weekly wage, up to a maximum cap, which at this time, is approximately $500 per week. Under the Louisiana Workers’ Compensation Act, an injured worker must file a claim within one year of his injury.
An employee always has the right to select a doctor of his own choosing, and the employer must pay for the appointment. In some situations, employees are often entitled to a minimum amount of compensation, (regardless of his ability to work), depending on a partial or total disability resulting from the injury.
Longshore and Harbor Workers’ Compensation Act
The other type of compensation law governing Louisiana employees is a federal law known as the United States Longshore and Harbor Workers’ Compensation Act. This law applies to individuals who work on docks, in shipyards, or in areas adjacent to docks or shipyards. It also applies to those building ships or oil rigs in ports such as the Port of Iberia for large vessel sites such as Avondale Industries. This Act also applies to those individuals who are engaged in working on the Outer Continental Shelf performing oil and gas exploration and production work. A federal law known as The Outer Continental Shelf Lands Act, law applies to all such workers working on the Outer Continental Shelf. Its is similar to the of the Louisiana Workers’ Compensation Act, and administered by the United States Department of Labor. Under the Longshore Act, an individual must file a claim within one year of the injury.
Contact a workers comp lawyer in Lafayette today
If you or a loved one is in need of legal assistance, contact the Jim Lambert Law Firm 337-446-2766 by filling out our contact us form. The initial consultation is free of charge, and if I agree to handle your case, I will work on a contingency fee basis, which means I get paid for my service only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call now to ensure that you do not waive your right to possible compensation.