does my boss have worker's comp

When is Worker’s Compensation Required?

The Louisiana Workforce Commission (LWC) Department of Labor enforces the Louisiana Workers’ Compensation Act (LWCA) requiring all employers who have one or more employees, and operate within Louisiana state boundaries, to protect their employees with workers’ compensation insurance coverage.

An employee is defined as any person hired to perform services or labor for pay, whether full- or part-time, although there are some exceptions

What Defines a Workplace Injury?

The Louisiana Workers’ Compensation Act defines a workplace accident as an “unexpected or unforeseen, identifiable precipitous event happening suddenly or violently, with or without human fault and directly producing at the time objective findings of an injury, which is more than simply a gradual deterioration or progressive degeneration.”

Under LWCA, it is irrelevant whether the accident was the employee’s or the employer’s fault with certain restrictions involving intoxication, horseplay, willful intent, or aggression.

An employer’s workers’ compensation policy protects employees who are injured in accidents or conditions arising “out of or in the course of employment.” 

Louisiana Compensation Laws

The United States enacted workers’ compensation laws in 1910 with Louisiana following suit and created its own program in 1914.

The law guarantees that an injured employee will receive appropriate medical care and expenses, rehabilitation, vocational retraining if necessary, and are entitled to recover lost wages (2/3 of regular pay tax-free). If an employee dies on the job or because of job conditions, their qualifying loved one(s) are entitled to death benefits.

If an employer fails to provide workers’ compensation coverage to their employees, they may be fined and/or imprisoned for federal and Louisiana Department of Labor violations.

It is a serious offense, both civilly and criminally, for an employer not to have a workers’ compensation policy or to ask or encourage an employee to pay for their own coverage.

Does My Employer Have to Help if I’m Injured On The Job?

If any employee suspects that their employer does not have workers’ compensation coverage or if the employer requires or encourages an employee to pay for or purchase a workers’ compensation insurance policy, this serious violation should be reported to the Office of Workers’ Compensation Administration (OWCA)  Fraud & Compliance Department.

Gordon and Gordon Injury Attorneys

If you’ve been injured and you don’t feel as if your employer (or former employer) isn’t doing everything they can to get you up and going again, or if you feel like you’re getting the short end of the stick with respect to worker’s compensation, give Gordon and Gordon a call. We know the law surrounding personal injury cases and know how to get you the compensation you deserve.

For more information about employer workers’ compensation employee insurance coverage requirements, or if you have sustained an injury or illness because of your work conditions, call 318.716.HELP to schedule your free, no-obligation meeting with our Gordon and Gordon attorney team in our conveniently located Shreveport office. Or send us a confidential note on our contact form, and we’ll respond promptly.

Sue outside of worker's comp

Third Party Work Injury

Have you been injured due to work-related conditions and think your only option for monetary damages recovery is through workers’ compensation?

It’s not necessarily true.

Recovering Damages Beyond Workers’ Compensation in Louisiana

While you may assume that workers’ compensation benefits are your only source of a financial recovery, it’s possible the responsibility for your injuries may be the fault of a third party. In that case, you may be entitled to compensation beyond the limitations of a workers’ compensation claim. https://www.nolo.com/legal-encyclopedia/workplace-injury-lawsuit-sue-30334.html

Work Injuries Caused by A Third Party Require A Competent Lawyer to Determine Your Rightful Compensation

 Third-party liability (responsibility) occurs when a non-employer person or entity causes your work-related accident. For instance, third-party liability may include but is not limited to:
https://law.justia.com/codes/louisiana/2009/ccp/ccp1111.html 

  • Manufacturers/designers of dangerous, defective equipment.  
  • Contractors and subcontractors.
  • Service providers.
  • Non-employee vehicle drivers.
  • Owners of property visited while performing work tasks.

Because workers’ compensation recovery is limited, if an employee’s injuries are severe, they may not recover all their medical expenses and lost income. What’s more, workers’ compensation law does not provide recovery for non-economic damages. Non-economic, or “general,” damages include pain and suffering, diminished quality of life, mental anguish, loss of consortium (companionship) and in egregious incidents of reckless or negligent conduct, punitive damages. https://www.justia.com/injury/negligence-theory/third-party-liability/

Shreveport Personal Injury Attorneys At Gordon & Gordon Law Can Intervene

 The consequences of a work injury can significantly alter your life and should be taken seriously. The Shreveport Gordon & Gordon accident attorneys can intervene and help you achieve what you rightfully deserve when workers’ compensation isn’t enough to cover your financial needs. Our success proving third-party fault demonstrates we have the skills and experience to build a strong case beyond a workers’ compensation claim.

 If you believe a third-party may be responsible for your injuries, it may be possible to win monetary recovery beyond workers’ compensation benefits. With 30 years combined experience representing injured workers, we have the knowledge, resources and investigative skills necessary to accurately determine what caused your accident. Upon investigation, our lawyers will determine whether you have a viable claim against a third-party.

Third-Party Accident Investigation 

At our Shreveport law firm, we have a track record of consistently obtaining major financial settlements for clients injured because of work-related third party causes. And we also are widely known and respected within the legal, insurance and civil court arena for our unique approach to optimal compensation pursuit for complex work-related accident claim

For those who are permanently disabled or face a long, costly recovery, such a third-party lawsuit may be critical to your overall well-being because it may yield far greater overall compensation than a limited workers’ compensation claim.

While we never offer false hope or unrealistic expectations about recovery outcome, when we evaluate your case and meet with you, we’ll tell you honestly whether we believe you have a winnable case. No matter what, we’ll listen attentively to what happened and seriously consider your concerns, doing all we can to help.

Gordon and Gordon Personal Injury Attorneys

And if we think we can win compensation for your injuries, you’ll never pay us a cent up-front. We’ll handle all the costs of preparing your case from hiring medical and private investigators and accident scene experts, to interviewing witnesses and handling depositions, managing arbitration and mediation, paying court filing costs, and, when applicable, covering all the costs of trial litigation. Only after we win your case, will we get paid from a pre-agreed percentage of your settlement.

To begin the fight for the injury compensation you deserve, call 318-716-HELP (318-716-4357) for a free, no-obligation meeting in one of our Shreveport, Mansfield or Bossier City offices with the Northwest Louisiana’s premier personal injury advocates, Gordon & Gordon Law. Or if it’s more comfortable for you, send us a message on our notepad, and someone from our office will be in touch with you promptly.

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