7913 Wrenwood Blvd # A | Baton Rouge, LA 70809-1793

Bianca Law Firm Profile Gulf Coast

(225) 925-2877

FAQs

Worker's Compensation

 

Q: What is Workers' Compensation?
Q: Am I eligible for workers compensation?
Q: How do I know whether I am covered by Workers' Compensation?
Q: Are all on-the-job injuries covered by Workers' Compensation?
Q: Does Workers' Compensation cover only injuries or does it also cover long-term problems and illnesses?
Q: Does Workers' Compensation apply only to injuries in the workplace?
Q: Can I sue my employer over a work-related injury?
Q: How long am I entitled to receive Workers' Compensation Benefits?

 

Q: What is Workers' Compensation?

A: Workers' compensation, also known as “Workmans' Comp,” is a state-mandated insurance program providing compensation through certain benefits to employees who suffer job-related injuries and or illnesses. Each state and the federal government have their own laws and programs. For up-to-date information on Workers' Compensation in Louisiana, call Bianca Law Firm, (225) 925-2877.


Usually employees with work-related illnesses or injuries are eligible for Workers' Compensation benefits. In many cases, the exchange for guaranteed medical and indemnity benefits also means the employees do not have the right to sue their employer in court for damages for those injuries.

 

Q: Am I eligible for Workers' Compensation?

A: If you are seeking Workers' Compensation benefits, you will have to show that your injury or illness is work-related. This generally means that your injury or condition is the result of an "accident." Usually, if you were doing something for the benefit of your employer and were injured or became ill as a result, you can receive benefits as long as you meet the other eligibility requirements.

 

Q: How do I know whether I am covered by Workers' Compensation?

A: Generally, there are two main factors that determine your status: are you an employee and did your injury occur as a result of your employment? There may be other factors as well. To determine whether you are covered, please call Bianca Law Firm, (225) 925-2877.

 

Q: Are all on-the-job injuries covered by Workers' Compensation?

A: Workers' Compensation, also known as Workmens' Comp, covers most on-the-job injuries. The Workers' Compensation system is designed to provide benefits to injured workers, even if an injury is caused by the employer's or employee's carelessness. However, there are certain cases where employees are not eligible for compensation.


Generally, injuries that happen because an employee is intoxicated or using illegal drugs are not covered by Workers' Compensation.

 

Q: Does Workers' Compensation also cover long-term problems and illnesses?

A: Generally under Louisiana law, your injury needs be caused by an accident – such as a fall or mishap – to be covered by Workers' Compensation. However under certain circumstances workers can receive compensation for injuries that are caused by overuse or misuse over a long period of time -- for example, repetitive stress injuries such as carpal tunnel syndrome. Also, depending on the situation some diseases and illnesses caused by work conditions may be covered as well, including heart conditions, lung disease and stress-related problems.

 

Q: Does Workers' Compensation apply only to injuries in the workplace?

A: Not if your injury is job-related. For example, if you are injured while traveling on business, doing a work-related errand or attending a required business-related function.

 

Q: Can I sue my employer over a work-related injury?

A: Not ordinarily. In Louisiana,  an injured worker’s exclusive remedy against his employer for a work- related injury is Workers’ Compensation Benefits. However in certain circumstances you can sue your employer for damages when your coworker or employer “intentionally” causes the harm. This is referred to under the law as the “Intentional Tort Exclusion”.

 

Q: How long am I entitled to receive Workers' Compensation Benefits?

A: Your employer and their insurance carrier are potentially responsible for your medical bills for as long as needed to treat your injury. Depending on the specific cicumstances of your case including the nature and extent of your injuries and your ability to return to work, you could be entitled to a wage loss benefit for up to ten (10) years. Nevertheless there are very strict time limitations imposed under the law for filing a dispute on claims which may affect how long you can receive benefits.

 

These FAQ's are for informational purposes only and do not constitute legal advice. To learn more about benefits that may be available to you as a result of a work injury, call Bianca Law Firm, (225) 925-2877 or email Receptionist@biancalawfirm.com.