Answering Common Questions About Workers’ Compensation Issues
After an injury on the job, you have notifications to make and deadlines to meet. You may have many questions and little time to address them. I share below some of the most common questions I have answered in my workers’ compensation legal practice, hoping they may be a useful reference or starting point for you or a loved one.
I have been hurt at work. What should I do?
Report your injury to your employer as soon as possible and get the medical treatment you need. If you do not let your employer know about your accident, they could use it as a reason to deny your claim.
Can I still file a workers’ compensation claim if I did not report my accident injuries right away?
Yes, you will be able to file a claim. Working with an experienced workers’ compensation injury attorney may be necessary. Contact my office to explore your options.
What is an accident report?
After you report your accident injuries to your employer, they must complete a document with the details of your accident and the nature of your injuries so they can file it with the Office of Workers’ Compensation Administration (OWCA).
What if my employer refuses to complete the accident report?
If your employer does not complete and file your accident report, your benefits for medical, wage benefits or vocational rehabilitation services may be delayed. Complete your own description of the accident and your injuries and give it to your employer. It is wise to speak with a workers’ compensation attorney at this point to protect your right to workers’ compensation benefits.
Should I file for Social Security Disability at the same time?
Maybe. You may not receive the full amount of your Social Security Disability Insurance (SSDI) financial benefit, depending on how much workers’ compensation benefits you receive. Involving the Social Security Administration (SSA) will also be a factor if settling your workers’ compensation claim for a lump sum becomes an option. Call my office before applying for SSDI.
How much money does workers’ compensation pay?
The Louisiana Workforce Commission sets the minimum and maximum rates for work injury compensation. Generally, you will receive about 2/3 of your average wages, calculated on the wages you received over past four weeks prior to your accident.
My employer’s insurance company has given me paperwork to complete. What should I do?
Read through each document to make sure you understand what you are completing and the reason for each form. Many insurance companies are vague about the documents and may try to get you to accept a settlement figure that does not fully compensate you for your injuries. Talk to an experienced attorney if you do not understand the documents or if the insurance representative is urging you to accept a settlement.