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Get the workers’ comp benefits you’re owed. We fight the Goliaths for you.
Workers’ compensation is supposed to cover medical treatment and a portion of lost wages after a job injury. But in the real world, injured workers often run into delays, denials, pressure to return too soon, and “it’s pre-existing” arguments—right when their family can least afford it.
At Brandt & Sherman Injury Attorneys, our Lafayette workers’ compensation lawyers represent injured employees across Louisiana when the system stops working the way it should. We help you protect your benefits, challenge unfair decisions, and—when someone other than your employer caused the injury—pursue additional compensation outside the workers’ comp system.
Louisiana workers’ comp is generally a no-fault system. That means you typically don’t have to prove your employer did anything wrong to qualify for benefits. The tradeoff is that workers’ comp usually does not pay for the same full range of damages available in a personal injury lawsuit—like pain and suffering.
In Louisiana, workers’ compensation benefits may include:
A big reason workers get stuck: insurers control authorizations. In Louisiana, non-emergency treatment is subject to a $750 threshold that can require prior authorization beyond that amount.
Workers’ comp insurers deny and delay claims every day. Some of the most common reasons include:
If any of that is happening to you, it doesn’t mean you’re out of options—it means you need the right next step.
Many people assume workers’ comp is the only path. But if someone other than your employer caused or contributed to the accident, you may be able to pursue a third-party claim for additional compensation (including pain and suffering) while a workers’ comp claim is ongoing.
If you were hurt in an offshore job or around maritime operations, the rules can be different from standard Louisiana workers’ comp. We break down how workers’ compensation works for offshore injuries and explain when an employer may be responsible for an offshore accident so you can understand your options before deadlines or evidence issues complicate your claim.
Third-party cases often come from:
This is one of the biggest “missed opportunities” in workplace injury cases—and a major reason to speak with an attorney early. These claims often involve significantly higher compensation because they are not limited by workers’ compensation benefit caps.
Work injuries can happen in any industry. Common workers’ comp accident types include:
Workers’ comp benefits vary by case, but typically include:
Medical benefits
Wage and disability benefits
Catastrophic injury benefits
A denial isn’t the end—it’s often the beginning of the dispute process.
If your claim is denied, you can typically:
The earlier you involve a lawyer, the easier it is to prevent “paperwork problems” from turning into long-term benefit loss.
Important Deadlines in Louisiana Workers’ Comp Cases
Deadlines can be strict, and missing them can jeopardize benefits.
Key timelines often include:
Because exceptions can apply (including situations where benefits were paid and later disputed), it’s safest to talk to a lawyer as soon as possible.
When the system starts working against you, we step in to level the playing field. With more than 50 years of combined experience, Brandt & Sherman helps injured workers challenge claim denials, underpayments, delayed checks, and medical treatment authorization disputes—while also evaluating whether a third-party claim could provide compensation beyond workers’ comp. You pay nothing upfront, and you never owe fees unless we win.
A Lafayette personal injury lawyer specializes in cases where workers have been injured on the job. We help you navigate the legal intricacies, file claims correctly, and represent you in negotiations or court to secure the compensation you deserve for your injuries and lost wages.
Choosing a local workers' comp lawyer in Lafayette ensures you have someone familiar with Louisiana's workers' compensation laws and local legal procedures. We offer personalized service and understand the specific challenges and opportunities within our community.
Starting your workers' compensation claim with us is easy and stress-free. Simply reach out to our team, and we'll guide you through the process, ensuring your claim is handled efficiently and effectively, maximizing your chances of a successful outcome.
If your workers' compensation claim has been denied, don't lose hope. There are several actions you can take to challenge the decision and pursue the compensation you deserve.
The first step is to file an appeal by submitting Form LWC-WC-1008, known as the Disputed Claim for Compensation. This form officially initiates your appeal process.
Should settlement discussions with your employer or their insurer reach an impasse, the next step is to prepare for a hearing before a workers' compensation judge. This stage can be intricate and time-consuming, often taking six to nine months or longer if further appealed.
Navigating the appeals process can be daunting, so securing an experienced workers’ compensation attorney is crucial. Legal guidance can enhance your chances of a favorable outcome, especially if your insurance provider has:
Compile all relevant evidence to support your claim. This might include medical records, witness statements, and any documentation that reinforces the legitimacy of your expenses and the extent of your injuries.
Keep track of all communications and developments related to your case. Understanding each step and staying active in the process can make a significant difference.
With persistence and the right support, a denied workers' compensation claim doesn’t have to be the end of the road. Taking these steps can help turn the tide in your favor.
In Louisiana, the Workers’ Compensation Act provides several types of benefits to assist injured workers. Here’s a detailed overview of what you can expect:
Your employer is responsible for covering all approved reasonable and necessary medical care related to a work injury. These benefits continue as long as needed and include:
Travel costs for obtaining these medical services might also be reimbursed. Note that non-emergency treatments over $750 require prior approval from your employer or their insurer.
You can select a primary treating doctor in any medical field or specialty. A change to another doctor requires approval from your employer or their insurance company.
These benefits are designed to compensate for lost wages due to a work-related injury, often referred to as disability benefits:
Temporary Total Disability (TTD): If you're temporarily unable to work, you can receive a portion of your weekly wage, typically 66 and two-thirds percent, within limits defined by the state's workers' compensation administration.
Supplemental Earnings Benefits (SEBs): If you return to work but earn less than 90% of your prior wages due to your injury, you could receive two-thirds of the wage difference. This can last up to 520 weeks.
Catastrophic Injury Benefits: Severe injuries may qualify you for a one-time payment of $50,000. This includes cases like paraplegia, quadriplegia, or the total loss of specific limbs or senses.
Death Benefits: When a work-related injury or illness results in death, the family may receive weekly payments. If there are no surviving dependents, parents can get a single payment of $75,000. Burial expenses up to $8,500 are covered.
If returning to your previous job isn't an option, vocational rehabilitation services are available. These services focus on helping you find new employment opportunities that align with your skills and training, aiming for minimal retraining and a swift return to the workforce.
Absolutely, disputing a denied workers' compensation claim is an option available to you. The process begins by filing a specific form, often referred to as the Disputed Claim for Compensation. This is your official notice to initiate an appeal.
Once you've filed your dispute, prepare for a legal hearing. This hearing will be before a workers' compensation judge, which means gathering evidence and possibly obtaining legal representation can be beneficial. If your employer or their insurance company is not open to negotiating a settlement, be ready for this step.
The timeline for resolving such disputes can be lengthy. Depending on whether the case is further appealed, the entire process might extend from several months to over a year. Thus, patience and thorough preparation are key.
Understanding why claims are denied can help you build a stronger case. Typical reasons include:
Total denial of the claim
Insufficient compensation offered
Delayed payments
Denial of medical treatments
Rejection of legitimate expenses
Navigating this process on your own can be daunting. Hiring a seasoned workers' compensation attorney can dramatically increase your chances of a successful appeal. They can provide guidance tailored to your specific situation and work diligently to overturn unjust denials.
In sum, while disputing a denied claim can be complex, with the right strategy and support, you can strive for a favorable outcome.
When it comes to work-related injuries, acting promptly can significantly impact your chances of successfully filing a claim. Here's a streamlined guide to keep you on track:
Immediate Reporting:
Employer’s Responsibility:
Insurer and OWCA Involvement:
Filing Deadlines:
Adhering to these timelines is crucial for a smooth claims process. Prompt action and understanding the deadlines can ensure you receive the benefits you deserve.
When you experience a work-related injury, prompt reporting to your employer is crucial. Follow these steps to ensure your claim proceeds smoothly:
Notify Your Employer Quickly:
Initiate the Claims Process:
Review and Submission:
Investigation and Eligibility:
Following these guidelines ensures that your injury report is timely and properly managed, minimizing the risk of claim denial.
Facing the inability to return to your previous job due to a workplace injury can be overwhelming. Fortunately, there are options designed to support your transition into new employment opportunities.
1. Vocational Rehabilitation Services
Vocational rehabilitation can be a lifeline for injured workers. These services focus on assessing your skills, education, and past experiences to help identify suitable job opportunities. The primary objective is to facilitate a smooth transition back into the workforce by ensuring you are matched with roles fitting your existing qualifications.
2. Retraining and Skill Development Programs
If your current skills don’t align with available job openings, retraining and skill development programs can bridge that gap. Many community colleges and vocational schools offer courses tailored to equip you with the skills needed for a fresh career path.
3. Government and Non-Profit Assistance
Various government programs and non-profit organizations provide resources and support for injured workers. Agencies like the Department of Labor can offer guidance, while non-profits may provide job placement services and training courses.
4. Career Counseling and Job Placement Services
Consider enlisting the help of career counselors or job placement agencies. These professionals can offer personalized advice and connect you with potential employers, expanding your job search beyond what you might achieve alone.
Navigating the aftermath of a workplace injury is challenging, but plenty of resources are available to guide you through the transition. By leveraging these options, you can set a course towards a new and fulfilling career.
Dealing with a catastrophic injury can significantly disrupt your life, especially when it comes to finances. Fortunately, certain benefits may be available to help ease this burden.
For those who suffer a debilitating injury at work, indemnity benefits are a crucial form of support. Often viewed as disability benefits, these are intended to replace lost wages when an injury hinders your ability to work.
If your injury is deemed catastrophic, there are specific benefits designed to address the unique challenges associated with such conditions. In many cases, you could qualify for a one-time compensation amounting to $50,000.
Catastrophic injuries include severe conditions such as:
Understanding these benefits can help you or your loved ones navigate the financial challenges following a life-altering injury. Always seek expert advice to ensure you receive the support you are entitled to.
Workers’ compensation provides comprehensive medical benefits to employees suffering from work-related injuries or illnesses. Here's what typically gets covered:
Immediate Healthcare Needs: This includes hospital and emergency room visits required to stabilize or treat your condition promptly.
Scheduled Medical Visits: Regular visits to doctors, whether for follow-up after an incident or ongoing treatment, are covered.
Specialized Medical Procedures: Necessary surgeries and other medical interventions fall under this coverage too.
Medications: Prescription drugs related to the work injury or illness are included in the benefits.
Rehabilitation Services: Sessions for physical therapy aimed at recovering lost physical capabilities due to injury are funded.
Diagnostic Tests: Necessary diagnostic procedures like MRIs, X-rays, and lab tests intended to monitor or diagnose the condition are covered.
Additionally, workers’ compensation may assist with the travel expenses incurred while obtaining these medical treatments. However, it's crucial to remember that if you need non-urgent medical services exceeding $750, prior approval from your employer or their insurance provider is necessary.
When a worker tragically passes away after an injury or illness, the family may be eligible for several financial benefits. These can include ongoing indemnity payments to a surviving spouse or dependent children, provided the worker's death occurs within two years of their last treatment.
For families without surviving dependents, there is a provision for the worker's parents. Each parent may be entitled to a one-time payout of $75,000 to help cope with the loss.
In addition to these financial supports, there may also be coverage for burial expenses, up to a maximum of $8,500, providing some relief during a difficult time.
By understanding these benefits, families can better navigate the challenges following the loss of a loved one.
When workers experience injuries on the job, they may be entitled to indemnity benefits to compensate for lost wages. These benefits are also known as disability benefits and come in various forms, depending on the nature and impact of the injury.
Temporary Total Disability (TTD):
If your injury temporarily prevents you from performing your job, you might be eligible for TTD benefits. Once your workers’ compensation claim is approved, you can receive a portion of your average weekly earnings. Generally, this is calculated as 66.67% of your usual weekly income, adjusted according to established minimum and maximum rates.
Supplemental Earnings Benefits (SEBs):
When you can return to work but can't earn at least 90% of your previous wages due to the injury, SEBs can bridge the gap. These benefits equal two-thirds of the difference between your former earnings and your new, reduced earnings. They can be collected for up to 520 weeks, assisting long-term financial stability.
Catastrophic Injury Benefits:
In the event of severe injuries, such as paraplegia, quadriplegia, or the complete loss of limbs or eyesight, you may qualify for a one-time payment. This lump sum of $50,000 recognizes the profound impact of catastrophic injuries on your life and work capacity.
Death Benefits:
If an injury or illness related to work results in the death of a worker within two years of their last medical treatment, the surviving spouse and dependent children may receive ongoing weekly benefits. In the absence of a spouse or children, each surviving parent might be eligible for a lump sum of $75,000. Additionally, the cost of the funeral, up to $8,500, may be covered.
Understanding these different benefit types can help injured workers and their families navigate the financial challenges following a workplace injury.
Workers’ compensation coverage for offsite injuries can be a nuanced topic. Generally, accidents that occur while commuting to and from work aren't covered by most workers' compensation systems. However, the situation changes if the injury happens during work-related activities away from your primary workplace.
Business Trips: If you're injured while on a business trip, you might be eligible for compensation, provided you didn't stray from the work-related purposes of your journey.
Offsite Meetings and Events: Injuries sustained during work-organized events or meetings may also qualify for coverage if they are part of your job responsibilities.
Commute: Injuries during your daily commute typically aren't considered work-related.
Social Activities: If the main goal of an offsite event is social or recreational, rather than professional, injuries are unlikely to be covered.
Understanding whether your injury qualifies for workers' compensation can be complex. It's often beneficial to consult with a legal expert to navigate these intricacies and ensure your rights are fully protected.
Supplemental Earnings Benefits, commonly referred to as SEBs, are designed to provide financial support to individuals who can resume work but find that their injury limits their earning potential. Here’s how it works:
Eligibility: You qualify for SEBs if you are unable to earn at least 90% of your pre-injury wages due to your condition.
Calculation: These benefits are determined by taking two-thirds of the difference between your previous earnings and your current earning capability.
Duration: Eligible individuals may receive SEBs for a maximum period of up to 520 weeks, helping bridge the income gap caused by reduced earning capacity.
In essence, SEBs act as a financial cushion, supporting workers as they transition back into the workforce while still dealing with the lingering effects of their injury.
Temporary Total Disability (TTD) benefits are financial provisions designed to support workers who are temporarily unable to work due to an injury sustained on the job. These benefits help bridge the income gap during recovery, ensuring that affected employees can focus on getting better without the added stress of financial strain.
Compensation Amount: Typically, TTD benefits amount to approximately 66.67% of the injured worker's average weekly wage. This percentage is calculated based on recent earnings to provide a reasonable approximation of regular income.
Regulated Limits: The compensation is subject to minimum and maximum limits, which are usually set by state or national compensation organizations. These limits ensure standardized support across different cases while maintaining fairness for both the injured employees and the system.
Eligibility Conditions: To qualify for TTD benefits, a worker's compensation claim must be successfully approved. This often involves an assessment of the injury and its impact on the ability to perform job duties.
By offering temporary financial relief, TTD benefits play a crucial role in the recovery process, providing workers with peace of mind and the means to sustain themselves until they can return to work.
Indemnity benefits serve as a financial safety net for workers who experience wage loss due to work-related injuries. Often termed disability benefits, these aim to replace the income lost while the injured worker is unable to perform their job duties.
If you're unable to return to work for over seven days due to an injury, you might qualify for these benefits. Here's how different types of indemnity benefits are determined:
Temporary Total Disability (TTD)
Supplemental Earnings Benefits (SEB)
Catastrophic Injuries
Death Benefits
Understanding these different benefit categories allows injured workers or their families to seek the most appropriate financial compensation. Knowing how each type is calculated can empower you to navigate the claims process more effectively, ensuring you or your family receives the rightful support during challenging times.
The no-fault system in workers’ compensation is designed to ensure that employees who suffer work-related injuries can receive benefits, regardless of who is at fault. Here's how it functions:
Equal Access to Benefits: Under this system, it doesn't matter whether the injury was caused by an error from the employee or a coworker. The primary focus is on providing quick and efficient access to medical care and financial compensation.
Simplified Process: Workers don't need to prove negligence or fault on the part of their employer or any other party to qualify for benefits. This simplicity reduces legal battles and helps employees receive necessary support faster.
Coverage Even for Mistakes: If you make a mistake at work that leads to your injury, the no-fault system ensures you're still eligible for workers’ compensation benefits. This aspect is crucial because it acknowledges that workplace accidents can happen to anyone and aren't always the result of someone's wrongdoing.
This approach allows for a more equitable distribution of assistance, focusing on recovery and rehabilitation without the burden of proving fault.
Yes, you can select your own treating doctor when dealing with a work-related injury. You have the freedom to choose a healthcare provider in the field or specialty that suits your medical needs. However, note that once you make your choice, changing doctors isn’t straightforward.
Understanding this process can help you make an informed decision about your healthcare provider and ensure you follow the correct procedures for any potential changes.
Avoid guessing, exaggerating, or downplaying your symptoms—stick to accurate, consistent facts. Don’t say “I’m fine” if you’re still in pain, and don’t speculate about what caused the injury before you’ve talked to a lawyer. Insurers often use offhand statements to argue your condition isn’t serious or isn’t work-related.
It depends on the medical evidence and whether the insurer has a legitimate basis to dispute the claim. Many denials are overturned when records clearly connect the injury to work and document restrictions. A lawyer helps by tightening the evidence trail, challenging improper denials, and forcing the insurer to follow the rules.
In Louisiana, “attorney” and “lawyer” mean the same thing—what matters is experience with workers’ comp disputes. You want someone who regularly handles denied claims, medical treatment authorizations, and third-party options—not just someone who “also does” workers’ comp.
Misclassification is common, and it can affect whether workers’ comp applies—so it’s worth getting legal review immediately. Even if workers’ comp coverage is disputed, you may still have other legal options depending on the facts and who caused the injury.
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