How To Protect Your Rights If You Are Injured At Work Metairie LA

By Lisa Wagner


Many people in Metairie, LA sustain injuries at work, such as sprains, strains, cuts, psychological injuries and fractured bones among others. Employers are required to implement certain measures to prevent workplace injuries from taking place. Even though this is the case, injuries can still occur. After being injured at work Metairie LA residents have the right to seek compensation.

After sustaining injuries in your job, the best way to protect your rights is reporting the injuries to your employer. Ideally, you should do this on the same day you get injured or a few days after the incident. This is not always possible based on the circumstances, but it is vital to inform your employer about the incident as quickly as you can.

In order for employees to file a successful workers compensation claim, their injuries should be documented in full. People who are injured at work usually undergo a medical exam. During the exam, they may be screened for drugs to determine if they were sober when the incident occurred. They are also expected to file a testimony of the things that caused the injury, submit a treatment note from their doctor as well as the testimony of their employer about the safety measures being used.

It is also vital for employees to file a claim with the workers compensation court or the industrial court in Louisiana. This way, their employers, their insurance company and the court will be informed about the incident formally. Once a claim has been filed, the court will come up with some automatic protections immediately.

You have several rights after you are injured at work. To begin with, you have the right to see a physician and get medical treatment. If your doctor releases you to return to the workplace, you have the right to return to your job. If you are unable to return to your job due to the injury, you have the right to a certain kind of disability compensation. If you do not agree with a decision made by an employer, the insurance firm of the employer or the workers compensation court, you have the right to appeal the decision and receive representation from an attorney throughout the process.

You also reserve the right to refuse particular requests or offers. For example, if the organization you work for requests you to pay your medical bills using your personal insurance, you have a right to decline. You also reserve the right to refuse an incentive that your employer may offer to persuade you not to file a claim.

Sometimes, injuries result from the negligence of third parties. They may include a designer or manufacturer of faulty equipment or a driver of a delivery truck. Employees who are injured as a result of the negligence of other people can file a claim against them. Such claims are known as third party claims and they are usually filed in the state or federal courts in a civil lawsuit form.

A civil lawsuit for on the job injuries can seek additional damages that a workers compensation claim cannot recover. Generally, the amount you can receive in a workers compensation claim is purposed to reimburse you for medical expenses and lost wages. You may not get compensated for pain and suffering. However, if you file a third party claim, you may be compensated for pain and suffering.




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