After being hurt at work, suing for your injury may not be possible. Instead, your case might need to be filed as a Workers’ Compensation claim in certain situations.
This can still get you damages from your employer, all without the need to actually prove they were at fault. If another party was at fault, you may still be able to sue, but Workers’ Compensation can be claimed first. In either case, our lawyers can help you determine what to do with your claim and help maximize your compensation.
For help, call our Workers’ Compensation lawyers at Schoenfeld Law Firm today at (337) 674-2099.
What is Workers’ Compensation?
If you were allowed to sue an employer for injuries at work, it might be difficult to prove your claim. Many work accidents are also just that: accidents. It is possible that no one is at fault or that you actually caused the accident that injured you. Instead of having to rely on a lawsuit for these cases, you can file for Workers’ Compensation.
Workers’ Compensation is a no-fault system, meaning you can get coverage from your employer’s insurance provider no matter how the accident happened. The goal here is simply to get work injury victims paid so they can get better and get back to work.
As a trade-off, lawsuits are not allowed against your employer. However, some cases do still allow lawsuits against different parties.
When to Sue vs. Using Workers’ Comp
Workers’ Compensation rules block lawsuits against your employer. That means that you cannot sue if your employer was at fault for the accident. On top of this, you would never have been able to sue for an accident that you caused. Lastly, a lawsuit against a coworker will probably not yield much payment if your coworker is not in a position to afford your damages.
In these cases, Workers’ Compensation is still available.
In cases where outside parties caused your accident, you may still sue them. Even if you file for Workers’ Compensation first, there are damages that program will not cover, and a lawsuit can help get the rest of your damages paid.
This makes lawsuits against these outside third parties somewhat common:
- Drivers
- Manufacturers of defective and dangerous tools, machinery, vehicles, materials, and safety gear
- Outside contractors
- Suppliers
- Dangerous customers/clients.
You can also sue if you are an independent contractor. The laws blocking lawsuits only apply to employees and stop them from suing an employer; independent contractors are self-employed and do not face this restriction.
What Damages Does Workers’ Compensation Cover in Lafayette?
Workers’ Compensation covers medical bills, 2/3 of your lost wages (in most cases), and some additional amputation or permanent loss damages. It does not cover lost wages in full or cover pain and suffering, but the damages you get can still be substantial.
Medical expenses are one of the biggest costs you face after any accident, and Workers’ Compensation should cover these costs in full. This includes emergency care, follow-up care, medication, physical therapy, surgeries, and more.
Lost wages can be covered for different periods depending on whether your injury is temporary or total. In either case, the benefit is typically 2/3 of your lost earnings.
If you can work, but your earning capacity is under 90% of your prior earning capacity, you can get lost wage benefits equal to 2/3 of the difference between pre- and post-injury earnings. These supplemental earnings benefits can last up to 500 weeks.
The damages for amputation and permanent partial disabilities equal 2/3 of your normal wages for a number of weeks set for each injury listed in the statute.
When Do Workers’ Compensation Benefits Start?
In most Workers’ Compensation cases, you cannot get benefits for the first week you are out of work. Instead, they will start on the 8th day of disability. However, once you are out for 2 weeks, you can get the first week of back benefits paid, too.
However, benefits are unlikely to start so early. Your employer is given time to respond to your claim and determine whether or not they will accept the claim. Often, employers deny the claim, and your benefits will not start until a court tells them to start paying you.
Cases can often be resolved within a few months if we have to go to court, but it is important to work with a Workers’ Compensation lawyer and act quickly. Any delays on your end will also delay your benefits.
Can You Settle a Workers’ Comp Claim?
Often, settling your case is the best way to get your damages paid quickly and in full. If our attorneys can analyze your case and come up with a clear estimation of how much your case is worth in lost earnings and medical bills, the case can be settled. Instead of paying you as you go, the insurance carrier will give you all the money at once.
Lost wages can often be predictable, since they will only last for certain times, depending on your category of benefits. For example, if we know it will take you 6 months to return to work, we can fight for 6 months of wages. Permanent injuries also have predictable wage-loss benefits.
With medical bills, estimating future damages can be tricky. With some injuries, we can estimate when you will be healed up and your care needs will stop. With others, ongoing care might be needed for the rest of your life. In some cases, conditions might worsen over time, or complications we cannot account for might be common for your condition.
Because of these variables, it is important to always work with a lawyer on a settlement. We might recommend ongoing benefits in some cases, or we might have additional expenses to account for before recommending settlement.
Call Our Workers’ Compensation Lawyers in Lafayette Today
Call (337) 674-2099 for a free case evaluation with the Workers’ Compensation attorneys from Schoenfeld Law Firm.
