Worker’s Compensation

FREQUENTLY ASKED QUESTIONS

The following information is provided by Scott T. Gegenheimer including information provided by the Louisiana Office of Workers' Compensation. It is intended as general information concerning the rights and responsibilities of all parties under workers' compensation law.

Workers' compensation is a law which provides that you are entitled to limited medical and wage benefits at the expense of your employer, if you are injured on the job.

What Is Workers' Compensation?
Workers' compensation is a law which provides that you are entitled to limited medical and wage benefits at the expense of your employer, if you are injured on the job until you are able to return to work. Fault is not an issue. Workers' compensation laws were originally passed as a protection to the employee. Before workers' compensation laws were in effect, the employee could file suit and recover all damages including medical expenses, lost wages, and pain and suffering. The employee had the burden of proving that the accident was solely the employer's fault. If the employer could show that the worker or a coworker was partially at fault, the employee received nothing. Workers' compensation laws were enacted so that the employee did not have to show fault and was entitled to benefits if he could show that he was injured in the course and scope of his employment.

While workers' compensation law guarantes an employee a recovery regardless of fault, an employee does not have a right to be compensated for his or her pain and suffering.

Can I Receive Money for My Pain and Suffering?
In response to the problems mentioned above, workers' compensation law has guaranteed an employee a recovery regardless of fault. In turn the employee does not have a right to be compensated for his pain and suffering. There may be rights against other parties, but the only remedy against the employer is in workers' compensation.

How Long Can I Receive Benefits?
You may receive benefits for up to six months if your doctor determines that you are temporarily unable to return to any gainful employment. If you claim temporary benefits beyond six months, you are required to re-qualify for further benefits by submitting a claim along with a recent medical report to the Office of Workers' Compensation. If you return to work, you must report this, and your benefits can be extended as discussed below.

What if My Injury Keeps Me from Earning Wages Equal to My Pre-Injury Wages?
If you are unable to earn wages equal to 90% or more of your wages at the time of the injury, you are entitled to receive benefits called Supplemental Earnings Benefits (SEB) to supplement the wage you are able to earn for a period not to exceed 520 weeks. You may also be entitled to rehabilitation services.

How Is an Attorney Paid?
Attorney's fees are set out by Louisiana workers' compensation law to be 20% of the first $20,000.00 collected and 10% of amounts collected over $10,000.00. Fees will be collected on all amounts received subsequent to the attorney's representation.