Workers' Compensation Attorney New Orleans
People often spend just as much time on the job as they do at home, and as a result, accidents and injuries readily occur. The most common types of accidents on the job include slip and fall accidents, electrical accidents, and manual handling or lifting accidents, all of which may result in sprains and strains; back, head, and neck injuries; or repetitive strain injuries.
If you work in Louisiana and were injured on the job, you may need a workers’ compensation attorney new Orleans, which employers are required to provide under state law.
Accidents with a resulting injury that occur while a person is on the job can get complicated. If you’ve been injured while on the job and you were within the “course and scope” of your employment at the time of the accident, you may have a workers’ compensation claim against your employer regardless of the facts of the accident.
According to the Louisiana Workforce Commission, an employee who is injured or faced any dangerous accident on the job is entitled to certain benefits including medical care for the injury, indemnity wage benefits, vocational rehabilitation services, and/or death benefits.
If your accident or injury was due to the fault of a third party, not associated with your employer, you may have both a negligence claim against the at-fault party and a workers’ compensation claim against your employer.
In many cases, it’s too troublesome to file a case and recover the compensation. At Breaux Law Firm you can ease your lawsuit steps with our intelligent New Orleans workers’ compensation lawyer.
Additionally, Louisiana is home to many high-risk industries, like agriculture, forestry, transportation, hunting, construction, manufacturing, and oil and gas extraction. Those employed in these industries are at a greater risk of being injured while on the job, sometimes even fatally.
According to the Louisiana Department of Health, Louisiana consistently has a work-related fatality rate almost twice that of the national average, and, sadly, the majority of those work-related fatalities, 93-97%, are men.
If you’ve been injured at work in the state of Louisiana, and your injury was specifically related to your employment (within the “course and scope” or, in other words, “arising out of employment”), you are entitled to compensation.
Traveling To And From Work – When Are Commuting Workers Eligible for Compensation?
Traveling to and from work is generally not considered to be within the “course and scope” of a person’s employment, and is therefore not covered by workers’ compensation, should an injury occur during travel. In order for workers’ compensation to cover an injury, the employee’s transportation must be part of the work contract. However, there are notable exceptions to this general rule, such as:
- If the accident happened on the employer’s premises.
- If the employee was deemed to be on a specific mission for the employer, such as making a trip in the interest of the employer’s business.
- If the employer had become involved in the transportation of the employee, either by contractually providing transportation or reimbursing the employee for travel expenses.
- If the employee was doing work for the employer under circumstances where the employer’s consent could be fairly implied.
- If the employee was hurt while traveling to and from one work site to another.
- If the operation of a motor vehicle was one of the duties of the employee.
- If the employee was injured in an area immediately adjacent to their place of employment and that area contained a distinct travel risk to the employee. This is known as the “threshold doctrine.”
- The “threshold doctrine” refers to an unusually large risk, greater than what the general public is ordinarily exposed to, that exists at the threshold of the employer’s premises.
What To Do
Hiring a Workers’ Compensation Lawyer in New Orleans
With over 35 years of experience, we at Breaux Law Firm understand how to navigate the world of claims in New Orleans and Louisiana. You can rest assured that your case will be handled with the utmost respect and priority to ensure you receive the compensation you’re entitled to as quickly as possible. Our job is to get you the maximum compensation you are due. We’re here to protect your rights.
By hiring a workers’ compensation lawyer from a trusted law firm who understands the Louisiana workers’ compensation laws to represent you and your case, you can put your mind at ease; this will allow you to focus on recovering from your injuries. Let us do the paperwork, deal with the insurance companies, and get you the compensation you deserve.
Why Us
If you or someone you know has been injured on the job, the attorneys at Breaux Law Firm are the best option for you, and here’s why:
- Having been in business for over three decades, we’re highly experienced and well versed in personal injury law, no matter how complicated the case may be & we’re flourishing swiftly as the best New Orleans workers’ compensation attorney.
- We’re a family-run business dedicated to our clients, their well-being, and their cases. We believe in holding responsible parties accountable and getting the compensation our clients deserve.
- Our firm has a policy of open communication and responsiveness. We’re always available to discuss your case when you need to, and we can explain any detail you want to know.
- Our reputation as a trustworthy personal injury law firm speaks for itself. We fight for you as if we were fighting for one of our own family members.
Being in an accident is scary enough, and dealing with the aftermath can be exhausting. Getting back on your feet should be hassle-free. If you call us and we determine, together, that you have a case, we’ll immediately begin fighting on your behalf to make the responsible parties do what is right. We do not stop fighting for you until you receive all you’re owed.
By hiring Breaux Law Firm to represent you for your job-related accident, you can expect a clear legal explanation of your case and an honest assessment of the case’s merits. We can help you get through this difficult time and ensure you’re taken care of emotionally, physically, and financially.
What Next
Resolve Your Workers’ Compensation Case
In Louisiana, the statute of limitations applicable to personal injury claims is one year from the date of the accident, so don’t wait! If the suit is filed after the deadline, it can be dismissed.
However, it’s always a good idea to seek legal advice, as there are exceptions in which the statute of limitations may be halted and the deadline for filing a claim extended.
Although filing claims or reliving traumatic experiences can be overwhelming, moving towards the compensation you are due is the right thing for you and your family. You’re not alone in this fight. The qualified New Orleans workers’ compensation attorneys of Breaux Law Firm are just a phone call away. Let us handle your case and get you what you deserve.