Workers’ compensation exists to protect employers from personal liability and provide injured employees with compensation. However, this compensation is limited and can still leave individuals and families struggling with insufficient income and other personal losses from a workplace injury. When you are injured, working with a Cameron work injury lawyer can help you secure the most compensation available.
Nearly all employees are covered by workers’ compensation insurance when they are injured on the job. There may be additional methods of compensation, depending on the circumstances of an employee’s injury and the industry they work in. At the Cox Law Firm, we have significant experience with workers’ compensation claims and civil claims. We have spent the past 55 years helping those who are injured by others.
Our team knows how to diligently pursue all the potential options for financial recovery after your workplace injury. We understand the personal and financial impact that an injury can have on you, and we want to help you secure the compensation you need to recover.
In Louisiana, there were 208 reports of severe injuries in the workplace in 2023, with the primary cause of these injuries being compression by moving equipment or other objects. There are very specific circumstances where employees have the option to file a civil personal injury claim to recover damages that are not covered by workers’ compensation insurance.
You could be able to file a civil claim after a workplace accident in the following situations:
A workers’ compensation claim can recover medical expenses and partial lost income. A civil claim could potentially recover full lost wages, future lost earning capacity, and pain and suffering damages. Not all employees will have the grounds for a civil claim. An attorney can look at your specific situation, support you in one or both types of claims, and negotiate on your behalf.
Usually, you cannot file a civil personal injury claim against your employer for an injury in the workplace. You likely can only recover compensation through the workers’ compensation insurance system, which protects employers from personal liability and gives you benefits without requiring proof of fault.
However, there are cases where you may be eligible to file a civil claim against your employer, such as if they caused your injury deliberately. There could also be other bases for a civil claim.
In Louisiana, workers’ compensation attorney fees are approved and set at a fixed percentage by the judge on the case and cannot exceed a certain amount. Attorneys charge a contingency fee for workers’ compensation or civil work injury claims, meaning they charge a set percentage of the final verdict or settlement. Civil cases do not have the same legal limits as workers’ compensation claims and can vary based on several factors. Always discuss fees upfront.
As an employee, you have a legal right to recover compensation when you are injured at work, and your employer is required to carry workers’ compensation insurance. Filing this claim helps you recover the cost of your medical expenses and a portion of the income you lost. It can be incredibly worth it to recover these financial losses. If your employer or their insurer denies a good faith claim, it can make the process complicated, but an attorney can help.
There is a maximum amount for weekly compensation wages that employees can be paid in a workers’ compensation claim in Louisiana. However, a workers’ compensation claim can also recover the cost of medical bills. There isn’t a set limit for these expenses, and they will reflect the value of the bills you paid. Working with an experienced attorney can help you determine how you can recover the most compensation after a workplace injury.
You have a limited amount of time to recover compensation in a workers’ compensation claim and should act as soon as possible to preserve evidence of your injury and accident. The sooner you begin working with an attorney, the more support you can get on your claim. You shouldn’t assume that your employer or their insurance will operate in good faith. Protect your rights and your financial interests by working with the Cox Law Firm. Contact us today.
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