Workers Compensation Lawyers
Workers’ Compensation Law Firm in Louisiana
Workers’ compensation claims can be made more complex by the existence of Disability benefits. At The Tadda Law Firm, our Baton Rouge workers’ comp attorneys have more than 30 years of combined experience protecting the interests of workers’ compensation claimants. They are able to highlight when disability benefits may be affected by claims.
Call our law firm today to schedule your free initial consultation. Our experienced attorneys will help you understand what you are facing and help you seek the compensation you deserve after an on-the-job accident. Call us toll-free at (800) 487-5562.
Workers’ Compensation in General
Workers’ compensation is the exclusive remedy for an injured employee against his or her employer or co-employee. If you suffer an injury while in the course and scope of your employment, you are entitled to workers’ compensation regardless of fault. In general, workers’ compensation entitles the injured employee to two things. First, the employer must pay for all pre-approved medical expenses that are related to the work place injury, with the exception of emergency medical treatment. Next, the injured employer is entitled to two-thirds of their average weekly wage up to the State mandated maximum. Along with these two main benefits, employees are also allowed to choose their OWN doctor for each specialty, due reimbursement for mileage to and from doctors visits, and workers’ compensation is required to provide vocational rehabilitation services.
Workers’ Compensation Mileage Reimbursement Rate
What to Do if injured at work?
After suffering an injury on the job, you should immediately report it to your supervisor and have an incident report prepared. Next, if you are feeling any pain, you should immediately visit a doctor and report these issues. If the doctor provides you with any work excuses or documentation, these should be provided to your employer. It is best practice to keep your employer aware of everything involved with your injury. Finally, contact the Tadda Law Firm for a free consultation.
Workers’ Compensation Pitfalls
- Not reporting to supervisor;
Without a report of the injury, it becomes more difficult to establish your claim. This get harder the farther removed from the date of injury you become. - Delaying medical treatment;
The longer an injured employee waits to visit the doctor the easier it is for a company to deny your claim. It allows companies to claim the injury happened off site, was made worse by a secondary accident, or the injury was “not that bad” - Fibbing to the doctor
Always tell the doctor the truth as to your pain level, where, and how the injury occurred.
Additional Information
Choice of Physician
Under La. R.S. 23:1121 an injured employee is allowed to select one physician in any field or specialty. This means you DO NOT have to treat with the doctor chosen by your employer. Though you are required to submit to an examination by a doctor chosen by the employer. It is important, especially early in the process, to actively select a physician. As treatment by a physician not specifically directed by the employer can be a tacit choice of physician by an employee.
1010 Process
In the workers’ compensation system, all non-emergency medical treatment over $750.00 must be pre-approved by the employer. This is known as the 1010 process.
- First a doctor submits a form 1010 along with supporting medical documentation requesting a specific treatment.
- The employer then has five business days to respond after which the 1010 is deemed a tacit denial.
- Following a denial, the employer has 15 calendar days to file an appeal (form 1009).
- The request is then reviewed by the Medical Director against the Medical Treatment Guidelines. A decision is generally submitted within 30 days.
- If the employee’s treatment is denied by the Medical Director, they can file a lawsuit for treatment through a form 1008.
Temporary Total Disability
When an injured employee is temporarily unable to perform any type of work they fall under the category of Temporary Total Disability or TTD. Under this designation, an employee is due 2/3s of their average weekly wage up to the current maximum amount. A TTD designation requires a work excuse that prevents the injured employee from returning to any work. The TTD benefit is not required unless the employee is unable to return to work for more than seven days, and the payment shall become due on the fourteenth day after the employer had knowledge of the injury.
SEB Process
Once an injured employee is able to return to work in some capacity, but is unable to earn 90% of their pre-injury wage, they are entited to receive Supplemental Earnings Benefits or SEBs. These are monthly payments made by the employer to offset the lost wages. The employer will pay 2/3s of the difference between the pre-injury AWW and the current AWW. The following is a simple example of SEBs.
- Mr. Johnson was making $25 an hour or $1,000.00 a week before he was injured.
- After some recovery, he is able to return to work making $10 an hour or $400.00 a week
- This is not 90% of his pre-injury wage, so he is entitled to SEB.
- $1,000.00 – $400.00 = $600.00 x 2/3 = $400.00
The weekly benefit would be $400.00 paid monthly at $1,600.00. - Call Today
Workers’ compensation is a niche system that is very difficult to navigate alone. Call the Tadda Law Firm today.
Addressing Workers’ Comp Issues Effectively
We have experience handling workers’ compensation issues for clients throughout Louisiana. We have seen neck and back injuries, as well as knee and shoulder injuries resulting from slip-and-falls, industrial accidents, offshore incidents, and chemical plant and construction site accidents.
We also assist clients in receiving temporary and permanent disability as well as compensation for vocational rehabilitation in cases where workers can no longer perform their usual tasks. In addition to Disability, we can also address how your workers’ comp claim will affect your Medicare or other benefits.
Watch Attorney Rick Tadda discuss worker’s compensation:
Watch Attorney Erik Tadda discuss worker’s compensation: