The Pellegrin Firm, LLC
Louisiana’s worker’s compensation system provides wage indemnity benefits for workers who can’t work, medical care related to on-the-job injuries, and supplemental earnings benefits for workers who earn less in the future due to the results of an injury. Under Louisiana law, a worker’s compensation claim with no fault from a non-employer third party does not allow for damages for pain and suffering. Attorney David C. Pellegrin does not charge any fees up front, and any fees must be approved by the Worker’s Compensation Court. Therefore, there is much to gain and little to lose by retaining an attorney as early as possible in the process.
Louisiana’s worker’s compensation system is designed to compensate workers for accidents on the job. Under Louisiana law, an "accident" is defined as “an unexpected or unforeseen actual, identifiable, precipitous event happening suddenly or violently, with or without human fault, and directly producing at the time objective findings of an injury which is more than simply a gradual deterioration or progressive degeneration.” In addition to “accidents,” Louisiana’s worker’s compensation law provides benefits for certain occupational diseases. Louisiana has a no-fault worker’s compensation system, so an injured worker does not have to show his employer was at fault for his injury. Many worker’s compensation disputes arise when worker’s compensation carriers argue that the worker’s injury was not due to a sudden accidental event. Sometimes, worker’s compensation carriers will deny that an accident or injury happened at all.
An attorney can help injured workers navigate the medical aspects of a worker’s compensation claim. Workers have the right to their own choice of physician and do not have to choose their employer’s physician after an injury. As soon as an employee is injured in the workplace, the employer’s attorneys and chosen physician begin working to minimize the medical and wage benefits the employer and its worker’s compensation carrier will have to pay. The sooner an injured worker seeks out legal help from his or her own attorney and doctor, the better chance he or she has at getting the benefits owed under the law. Getting medical care authorized under the worker’s compensation system is a difficult process and having an attorney can make a real difference.
An attorney can help injured workers navigate settlement and wage indemnity aspects of a worker’s compensation claim as well. Miscalculation of benefits due is common, and an attorney can make sure you are being paid what is owed to you under the law. Eventually, it may be in the worker’s best interest to enter into a settlement for future benefits with the worker’s compensation carrier. An attorney can make sure you are being treated fairly and make sure you are getting the best deal possible.