Work-related injuries happen in every profession. Some occur suddenly due to unexpected accidents; others develop over time due to repetitive movements or exposure to harmful substances. Louisiana law recognizes that there are near-limitless reasons why a worker might be injured, so there is no restriction on the nature or type of injuries that qualify for workers’ comp benefits.
Both occupational diseases and accidents may qualify for workers’ compensation. According to the Louisiana Revised Statutes, an occupational disease is an illness caused by working conditions. An occupational accident is an unexpected or unforeseen event that occurs violently or suddenly and is specific to an occupation or trade.
You will only qualify for workers’ compensation if your injury happened while you were under your employer’s employment. Also, the injury must have occurred within the scope of your job.
Unfortunately, even if your injury appears to qualify for workers’ comp, it is still likely that your employer or the insurance company will dispute your claim. If this happens, you will need clear evidence to prove that your injuries qualify.
An experienced personal injury attorney can help you gather this evidence, and if your claim is denied, your lawyer can help you file an appeal. If you would like to discuss your case with an accident lawyer in Alexandria, contact Laborde Earles Law Firm.
We have recovered more than $200 million for our clients in successful settlements and verdicts. Call 800-522-6733 to schedule a free consultation.
Why Might My Workers’ Comp Claim Be Denied?
If you were injured on the job, be prepared for your employer or the insurance company to look for any possible excuse to deny your claim. One misguided statement or action during the claims process could reduce the amount of compensation you recover or prevent you from recovering any compensation at all.
There are several reasons why your claim might be disputed. Some of the most common include:
- You filed your claim after the statute of limitations had expired;
- You were not performing a work-related duty when the injury occurred;
- You skipped your doctor’s appointments; or
- You are not entitled to compensation for another reason – for example, if you were injured after a fight you started at work.
Can I Still Recover Benefits If I Was At-Fault for the Injury?
Yes. In most cases, the compensability of an injury is not affected by the fault of the employee or employer. There are, however, a few exceptions – for example, if you were intoxicated when the injury happened, you may not qualify for benefits.
If you were injured on the job in Louisiana, it is important that you take steps to put yourself in a favorable position to recover the maximum compensation. This is where a personal injury lawyer can help.
An Alexandria accident lawyer from Laborde Earles Law Firm will help you navigate the workers’ comp claims process. Schedule a free consultation today by calling 800-522-6733.