workers compensation claims
If you have been injured by some sudden, identifiable event while working, chances are you have a Workers' Compensation claim. The accident causing the injuries can be something as routine as a maintenance man twisting his knee climbing down from a ladder or a administrative assistant injuring her back while moving a desk. Most injuries which occur suddenly, as result of some sort of an "identifiable, precipitous" event, while a person is in the course and scope of their employment, will qualify for Workers' Compensation benefits, because the law is designed to be "liberally construed" in order to provide coverage to the injured employee.
For example, injuries which happen on a lunch break or while "horse playing" can qualify for Workers' Compensation benefits if the accident occurred on the employer's premises or on the job site. Additionally, motor vehicle accidents which result in injury can qualify for benefits under certain circumstances, for instance, if the employee was driving a company vehicle or running an errand for the employer. Finally, certain "developmental" injuries which result from a person's employment, such as carpal tunnel syndrome, are also covered by the Louisiana Workers' Compensation Act.
The law additionally provides that, if a work-related injury "aggravates, accelerates, or combines with" a pre-existing disease or injury, and results in disability or death, it will qualify for Workers' Compensation benefits.
Thus, if you are not experiencing any symptoms from a pre-existing injury, and a sudden incident/accident on the job causes you to begin having pain and/or other symptoms, chances are good that you have a viable Workers' Compensation claim.
WHAT ARE YOUR RIGHTS?
1) To choose your treating physician in any area or specialty of medicine
2) To reasonable and necessary medical testing, treatment and medications
3) To receive lost wage benefits when you are unable to work or when you have suffered a loss of earning capacity
4) To receive mileage reimbursement (or have transportation provided) for necessary medical and vocational travel
5) To be awarded penalties and attorney's fees, under certain circumstances, when denied any of the above
WHAT DO YOU NEED TO DO TO PROTECT YOUR RIGHTS?
1) Report your accident to a supervisor at the first opportunity
2) Seek medical attention immediately
3) Provide a complete and accurate medical history to every physician that you use
4) Follow your doctor's instructions
5) Keep track of all miles traveled for medical treatment, testing, and prescriptions
If you have any questions regarding whether or not you have a viable workers' compensation claim, and/or whether you are receiving all of the benefits to which you are entitled, please give me a call: (985) 624-9393.
Initial consultations are always free, there is no obligation, and you will not owe me anything (not even costs or expenses) unless I recover money for you.
The Law Firm of Shawn M. Murray
450 N. Causeway
Mandeville, Louisiana 70448
office: (985) 624-9393
fax: (985) 624-9319