Oberlin Work Injury Lawyer

Oberlin Work Injury Attorney

When you are injured in the workplace, you can usually recover damages through a workers’ compensation claim. Unfortunately, these benefits are limited, and it can be difficult for employees to get the support they need. In some cases, a work injury can result in a civil claim, allowing you to claim more damages. An Oberlin, LA work injury lawyer can help injured workers navigate their options for financial recovery after an accident.

Protecting Employees in Their Right to Compensation

The dedicated team at the Cox Law Firm can help you after a workplace injury. When your employer is required to carry workers’ compensation insurance, you have a legal right to recover that compensation for your injuries. An attorney can help you navigate this claim and determine whether you have the ability to file other claims. Our firm’s attorneys have over 135 years of legal experience combined, and we understand how to manage work injury claims.

It is not easy to file and pursue workers’ compensation when you are physically recovering. It can be even more difficult when your employer or their insurer is uncooperative and doesn’t want to settle for fair compensation or even denies your claim. When you work with our firm, we handle your claim for you and fight for the compensation you are owed. We provide you with compassionate and empathetic legal care during this difficult time.

The Basics of Workers’ Compensation in Oberlin

In 2023, there were 208 employees reported severely injured in Louisiana, and 195 were hospitalized. The sources of these injuries included forklifts, order pickers, and heat exposure-related illnesses. The workers’ compensation insurance system exists to protect both employers and employees in the event of an employee’s injury. The system protects employers from personal liability and protects employees by providing financial support after an injury.

Employees are also protected by not having to prove negligence in a workers’ compensation claim. They usually only have to prove that they were injured while on the clock. Employees can also file a claim if they suffered an injury or illness that developed over time because of their work duties.

There are several benefits to the workers’ compensation system for employees, but there are also drawbacks. Workers’ compensation benefits are not as encompassing as other types of compensation, such as personal injury claims. Workers’ compensation claims cannot recover non-economic damages like pain and suffering and can only recover partial wages.

When Can You File a Civil Claim for a Work Injury?

There are specific and limited circumstances where you can file a civil claim for a work injury, including third-party liability or a deliberate action by your employer or coworker.

One common reason for third-party civil claims is work-related vehicle accidents. In Oberlin, there were 19 suspected injuries in vehicle crashes in 2024 and 11 people with no apparent injuries. Thankfully, there were no fatal accidents. In Allen Parish overall, there were 314 crashes. Of these crashes, eleven involved commercial vehicles.

If the other driver was to blame for the crash, you can file an insurance claim with their insurer to recover the remaining damages not included in a workers’ compensation claim. Another driver may be at fault for speeding, failing to follow the right-of-way, or driving distracted.

Other third-party liability claims include product liability claims, premises liability claims, and claims for injuries caused by contractors. Maritime employees can file civil claims if their employer was negligent under federal laws like the Jones Act.

You can file a claim against your employer if they deliberately caused your injury, as this falls outside the scope of workers’ compensation insurance laws. This also applies to your coworkers. You could also file a civil claim against an employer if they were required by state law to carry workers’ compensation insurance and did not.

FAQs

Does Workers’ Comp Pay for Damages?

Yes, workers’ compensation pays for damages, although these damages are more limited than a civil claim. Workers’ compensation typically pays for the medical expenses directly caused by the injury and a portion of your weekly wages as you recover. If you cannot return to work for a longer period of time, you could also receive disability benefits. Disability benefits payments will depend on how severely your injuries limit your work and day-to-day life and how long they affect you.

How Much Do Lawyers Take from a Settlement in Louisiana?

The amount that a lawyer takes from a settlement in Louisiana depends on the type of claim and other factors. In a workers’ compensation claim, attorneys have a legal limitation on the percentage of the settlement they can recover. There may be different limits on civil cases.

The percentage also depends on the attorney’s experience, the complexity of your case, and other information. Always discuss these costs upfront with a potential attorney, including how going to trial can affect fees.

Can Employers Ask for Proof of Injury?

In a workers’ compensation claim, you typically must provide documentation and evidence of the injury and its medical bills to recover compensation. Gathering this evidence also helps you ensure you get the most compensation possible. You must also prove that the injury was related to your work duties or happened in the workplace. A workers’ compensation attorney can help advise you on your rights in these circumstances.

Can I File for Emotional Distress Damages in Louisiana?

You usually cannot file for emotional distress in a claim against your employer in Louisiana. A workers’ compensation claim recovers medical expenses and partial wages. It does not recover pain and suffering damages like emotional distress.

However, if you have the grounds for a civil claim after a workplace injury, this claim could recover emotional distress. If your employer deliberately caused your injuries, you may have the grounds to file a civil claim against them.

Understanding Your Options for Financial Recovery With the Cox Law Firm

When you are injured in the workplace or discover a developmental illness or injury, it is important to immediately report the incident to your employer and get in contact with an attorney. At the Cox Law Firm, we want to help you get the financial recovery you deserve and protect you from bad-faith actions by insurers. Contact our firm today and schedule a consultation to see how we can help you.