Dealing with a job-based injury can be a distressing experience for workers and their families. If you have been injured in a workplace accident, you are likely entitled to workers’ compensation benefits. These benefits are awarded to workers injured on the job, regardless of fault, in order to prevent the employee from suing the employer. In order to receive these benefits in Louisiana, you will need to take a few steps.
First, you will need to report the accident to your employer, preferably in writing, as soon as possible. Your employer will then give you a claim form to fill out. Once that form has been filled out and submitted, your employer should contact its workers’ compensation insurance and find you medical assistance. Make sure to keep copies of any documentation relating to the accident.
File the claim as quickly as possible after the accident to avoid any delays. In many cases, you will start receiving your benefits soon after your claim was submitted. However, some cases will involve a dispute. In such cases, you may want to consult with an experienced legal professional to help you recover your benefits.
You will not be able to sue your employer if you receive worker’s compensation benefits. However, you may be able to sue a third party who played a role in your accident. In order to be successful in court, you will have to show that the third party breached a duty owed to you and that the breach caused your injuries. Proving the third party’s negligence will allow you to recover damages in addition to your worker’s compensation benefits.
Source: FindLaw, “Workers’ Comp In-Depth,” accessed on Jan. 30, 2017