The Baton Rouge, Louisiana personal injury attorneys at Murphy Law Firm handle cases involving workers' compensation.  Below is some information that may be helpful to you if you were involved in an accident while at work.

When an employee is injured during the course and scope of their employment, they may have a workers’ compensation cause of action.  Workers’ compensation is governed by La. R.S. 23:1021, et seq.   There are some exceptions to a person’s entitlement to compensation from his/her employer, such as horseplay, intoxication or a dispute with another employee.  Injuries sustained out of incidents arising from these types of accidents are not covered under workers’ compensation.  La. R.S. 23:1081

Anyone performing services arising out of and incidental to his employment in the course of his own trade, business or occupation or in the course of his employer’s trade, business or occupation is entitled to workers’ compensation.  However, there are exceptions as to who is entitled to receive workers’ compensation listed in La. R.S. 23:1035. 

Under the workers’ compensation scheme, it is the duty of the employer, not the employee, to pay the medical benefits and expenses of the injured employee.  The employer has a duty to furnish all necessary drugs, supplies, hospital care and services, medical and surgical treatment, and any non-medical treatment recognized by the laws of this state as legal according to La. R.S. 23:1203(A). The employer or the insurer must pay workers’ compensation medical benefits within sixty days after receiving written notice of those expenses. Therefore, if an employer fails to pay medical expenses timely, penalties and attorney fees may be imposed under La. R.S. 23:1201(F). The schedule of payments for compensation of temporary total disability; permanent total disability; supplemental earnings benefits; and permanent partial disability shall be paid in accordance with La. R.S. 23:1221.

The maximum compensation allowed by La. R.S. 23:1202 is 66 2/3% of the average weekly wage and the minimum compensation allowed is 20% of the average weekly wage.

In case of an employee’s death arising from a work-related injury, the employer shall pay reasonable expenses for the burial of the employee, not to exceed $7,500.00.

Anyone who is entitled to receive workers’ compensation benefits must file suit within one year from the date of the accident or one year from the date from the last check. The claim could be barred and no recovery will be possible if you let the one year deadlines pass.

Please do not hesitate to contact the personal injury attorneys at Murphy Law Firm or call us now at 225.928.8800 if you have suffered an injury due to any type of accident while at work.

Our Baton Rouge, Louisiana personal injury attorneys have one goal and one goal only; to make sure you were treated fairly after your accident and that you are satisfied with the results of Peyton Murphy and Scott Emonet.  We work on a contingency basis which means we do not get paid unless you get paid.  We handle cases dealing with personal injuries including but not limited to: auto accidents, 18 wheeler accidents, motorcycle accidents, boating accidents, offshore and maritime accidents, railroad accidents, medical malpractice, class action, defective drugs, defective products, chemical spill and toxic exposure, slip and fall, premises liability, workers’ compensation, wrongful death, asbestos exposure and mesothelioma, and hearing loss.   Our lawyers practice law in the greater Baton Rouge area and the surrounding areas including but not limited to: Baton Rouge, Gonzales, Denham Springs, Port Allen, Baker, Brusly, Walker, Zachary, Plaquemine, Prairieville, Dutch Town, and all the surrounding areas.