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Baton Rouge Lawyers for Work-Related Injuries
Louisiana Personal Injury Lawyers for Workplace Accidents
Injuries can prevent people from working and bringing in the money necessary to keep their families afloat. When these injuries happen at work, many workers are protected by workers’ compensation insurance. While this is reassuring for most workers, workplace accidents can often result in losses that exceed the workers’ compensation cap for medical benefits. As a result, injured workers may be stuck having to pay for medical expenses out of pocket.
If this sounds like your case, the Baton Rouge lawyers for work-related injuries at Joubert Law Firm can help. The attorneys at Joubert Law Firm can secure compensation for your injuries while you focus on healing. If you or a loved one was injured at work, contact a skilled attorney at Joubert Law Firm today for a free case evaluation at (225) 777-8853.
What is Considered a Work-Related Injury?
Workplace accidents may be more likely in labor-intensive jobs, but a workplace injury can happen at any place of work. In 2020, there were four million work-related injuries that required medical care. In the same year, more than 4,000 workers died from entirely preventable injuries. Any injury that happens during the scope of your employment is considered a work-related injury.
Common Types of Workplace Accidents in Baton Rouge, LA
Single events like a fall or a machine malfunction can cause a workplace injury, but injuries can also be caused by repetitive events. Repetitive motion injuries can lead to muscle sprains, strains, or even broken bones. Repetitive exposure to toxic chemicals or viruses like COVID-19 can result also in severe consequences.
The top three occupational injuries in 2020 were exposed to harmful substances or environments, overexertion injuries, and falls, slips, or trips.
Other common types of workplace accidents include:
- Exposure to dangerous chemicals
- Equipment malfunctions/defective equipment
- Repetitive motion accidents
Common Workplace Injuries
Workplace injuries often cause pain and days away from work. Workplace injuries can even result in catastrophic injuries that prevent someone from working at all.
Listed below are some of the most common workplace injuries.
- Broken bones
- Spine injuries
- Traumatic brain injuries
- Severe burns (thermal, electrical, or chemical)
- Lacerations and bruises
- Pulled, strained, or sprained muscles
Workers’ Compensation vs. Personal Injury
Like workers’ compensation claims, personal injury lawsuits have a time limit. In Louisiana, personal injury claims must be filed within one year. This means that you have a year to file a lawsuit and work to pursue any compensation. An attorney-client relationship with a dedicated Baton Rouge personal injury lawyer from Joubert Law Firm can make sure your rights are protected.
Can I File a Workers’ Comp and a Personal Injury Claim at the Same Time?
Workers’ compensation has an “exclusive remedy” rule in Louisiana. This means that employees cannot file a lawsuit against their employer for an injury if they accept the workers’ compensation award. In some cases, you can receive workers’ compensation benefits and a personal injury lawsuit against the negligent parties.
Many people are surprised to find out that they can file a workers’ comp claim and a personal injury claim at the same time. In many cases, this is the only way to get everything you deserve. Workers’ compensation often only covers a percentage of your wage, depending on the severity of your injury. Personal injury law can be complicated, especially in conjunction with a workers’ compensation claim. A personal injury lawyer at Joubert Law Firm can help you figure out the best course of action for your claim.
Workers in Louisiana do not have to prove that their employer was negligent in workers’ compensation cases. Not all injuries in the workplace are total accidents. If you believed your employer intentionally harmed you, contact a personal injury attorney at Joubert Law Firm as soon as possible.
Many independent contractors do not have the same employee benefits as employees. Independent contractors are often self-employed and hired on with contracts. Companies often have no obligation to cover workers’ compensation insurance for independent contractors. This often means that injured independent contractors are on their own.
You can file a claim with the workers’ comp insurance company and pursue a personal injury lawsuit if your injuries were caused by a negligent third party. The responsible parties should be held accountable for their negligence. At Joubert Law Firm, we often see this if the property owners fail to maintain a safe environment or if a worker is injured in a car accident during the scope of their employment.
Will I need to pay any money upfront to get my personal injury started?
No, you will not need any money to get your case started or to initially meet with an attorney. We handle most cases on a contingency fee basis, which means we do not get paid unless you recover money.
What is a deposition?
A deposition is a statement given under oath, usually done in a lawyer’s office before a court reporter. Witnesses called to testify in a deposition answer questions posed by attorneys representing both parties in a case. The court reporter produces a written transcript of everything said at the deposition and the witness can read and sign the transcript, swearing it to be an accurate rendition of the testimony given under oath.
What documents should I bring with me when I meet with a lawyer?
The more information you are able to gather for your attorney, the easier it will be for your attorney to determine whether your claim will be successful. You should supply any documents that might have a bearing on your case, including, but not limited to, collision reports, photographs and medical records. If you have not collected any documents, do not worry because your lawyer will be able to obtain them.
What To Do After a Workplace Injury
Following the proper procedure after an injury at work can ensure you get the most out of your workers’ compensation benefits. After an injury at work, you should immediately let your employer or supervisor know and seek medical treatment. Then, you should contact the lawyers at Joubert Law Firm for guidance.
What Not To Do
After a workplace injury, certain things can also prevent you from getting the most out of your workers’ compensation benefits. For one, the insurance company will probably do everything possible to prevent paying out a settlement in your workers’ comp claim. Avoid speaking to the insurance company or giving them a statement before speaking to a qualified personal injury lawyer.
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