• Exclusively Focused On

    Workers’ Compensation

    A Dedicated Baton Rouge Workers’ Compensation Attorney.

    Retain Our Legal Services

Baton Rouge Workers’ Compensation Attorney

Serving Injured & Disabled Clients throughout Louisiana

If you have been hurt at work you already know that dealing with your employer or the insurance company can be one of the biggest hassles of your life. Your employer wants you back at work too soon, the insurance company sends your check late or not at all, medical treatment is denied, your adjuster treats you as if you are making the whole thing up. These problems leave you feeling angry and frustrated. You are trying to fight with all of these issues and support yourself and your family at the same time. It can literally drive you crazy.

When you call J. David Smith, Attorney at Law, you will not be pawned off on a call screener, secretary, or paralegal. You will talk with our Baton Rouge workers’ compensation lawyer one on one. We would be happy to speak with you about settlement opportunities and values, approval of medical procedures, return to work issues, average weekly wage calculation and any other aspect of your case. Call our firm today at (225) 387-0293.

“I can speak with you on the telephone or by email and give you an honest opinion about your situation. I focus my practice on solving your problems.”

Awards & Associations

Dedicated to providing a higher standard of client satisfaction to injured workers.

What J. David Smith, Attorney at Law Can Do for You

If we both feel that we can help with your problem, we will perform a thorough case evaluation by obtaining necessary medical and employment records to determine what needs to be done to protect your rights or to ensure that you receive all of the workers’ compensation benefits to which you are entitled. None of this costs you anything to you.

Let Our Firm Help You
  • Frequently Asked Questions

  • How are workers’ compensation benefits calculated?

    How are workers’ compensation benefits calculated?

    Your workers’ comp indemnity benefit is equal to 2/3 of your average weekly wage for the four full weeks prior to your injury, subject to a maximum compensation rate cap, which is currently $657. You can find up to date minimum and maximum comp rates at http://www.laworks.net, under information for injured workers.

  • Are survivors of the deceased entitled to compensation?

    Are survivors of the deceased entitled to compensation?

    If you are the surviving spouse, you will be entitled to a percentage of his workers’ compensation benefits until you die or are remarried. If you have minor children who were dependent, you will be eligible for an increased percentage of the benefits.

  • Can my employer fire me because I was hurt on the job?

    Can my employer fire me because I was hurt on the job?

    In Louisiana, you have no right to work for any particular employer unless you have an employment contract or are a member of a union of some sort. In that case, your employer can hire or fire at will (barring some discriminatory practice). However, your employer cannot fire you because you filed a workers’ compensation claim. If they do, and you can prove it, then you may have a claim for retaliatory discharge. If proven, employers guilty of retaliatory discharge can be ordered to pay a year’s wages, plus attorney fees. If you have been fired because you filed a work comp claim, and think you can prove it, call our firm so that we can speak more about it.

  • What if I work less than 40 hours per week?

    What if I work less than 40 hours per week?

    If an employee takes a job with the understanding that the position is full time, he or she may be entitled to a presumption for purposes of calculating average weekly wage that he or she is working 40 hours. If the job was actually part time and you know that when you were hired then your indemnity benefits will be calculated using your part time hours.

Request Your Free Consultation

Attorney J. David Smith is happy to speak with you personally on the telephone or by email, about your case. Call (225) 387-0293.

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Benefits of Retaining
J. David Smith, Attorney at Law

  • Takes over all communication with your employer and the insurance company right away
  • You will no longer have to deal with them personally
  • Exclusive focus because all we handle are workers’ compensation cases
  • Trusted by other law firms in our area and we often get referrals from other attorneys
  • Named as one of the top 100 Injured Workers’ Advocates nationally by WILG
  • Serves as Bar Examiner for the Louisiana Supreme Court’s Committee on Bar Admissions