If you have ever been hurt at work, you are aware that dealing with your employer or insurance companies can be one of the biggest hassles in your life. It can feel as if you are being pulled in several different directions when your employer wants you back at work too soon after the injury, the insurance company sends your check late (or not at all), medical treatment for the accident is denied, or even when 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 (866) 712-2667.
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
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.
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.
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.
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.