Which Injuries are Not Covered by Workers Compensation in Louisiana?
If you are injured on the job in Louisiana, you may be exploring your options on a workers’ compensation claim. Louisiana state law has certain protections for workers who are injured on the job, but these protections can be case-by-case subjectivity, requiring you to consult an attorney.
According to Louisiana’s Revised Statute 23:1021(1), worker’s compensation covers injuries that occurred on the job as a result of an “accident,” which the statute defines as “An unexpected or unforeseen actual, 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.”
The problem with this law is that the definition doesn’t list exact actions and injuries that are covered. In the early days, the courts of Louisiana interpreted the law very strictly, but in recent years have expanded what is an accident worthy of compensation and what isn’t.
What it comes down to in Louisiana are the circumstances in which the injury or accident occurred. If the accident caused injuries immediately, it will most likely be covered. If certain actions caused pain that alerted the claimant to injury immediately following the action, it will most likely be covered as well.
However, in cases where multiple days or weeks have gone by where the “accident” caused an “injury” the court will most likely rule against you. It absolutely has to be proven that the injury was caused by an action on the job, and the more time that passes, the harder it is to prove that.
This is only the surface level of complications when it comes to workers’ compensations claims in Louisiana. Injuries that occur, but still allow you to work but also cause further injuries down the road may be able to file a successful claim. Multiple injuries on the job shouldn’t be filed as one claim but multiple, and each falls under those complications as well.
Moreover, workers’ compensation can cover illnesses or diseases caught on the job as well. This is particularly relevant for those workers who are employed in the food or healthcare industries.
Ultimately, if you feel you have a strong reason to file a workers’ compensation claim, you should consult an attorney to discuss your options. Oftentimes, if you are part of a union, the union will provide legal aid to help you file a claim if need be. If you do not have access to one, each city has numerous lawyers that specialize in workers’ compensations suits who can help you navigate the process of filing.
Workers Compensation Lawyers in Thibodaux, LA at Waitz & Downer
If you’re facing these challenges then call the attorney’s at Waitz and Downer in the Thibodaux, Louisiana area. We’ll work with you to get you the time, attention, money and recovery that you deserve.