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2018/11/24

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

By Lisa Wagner


Many employees in Metairie, LA report different types of injuries, including fractured bones, strains, cuts, sprains and psychological injuries among others. Employers can take several simple steps to prevent these injuries from occurring. However, injuries may still occur even if employers have taken the necessary precautions. After they have been injured at work Metairie LA dwellers should seek compensation.

Once they get injured at work, employees should protect their rights by reporting the issue to their employers. If possible the employees should report the issue the same day or a few days afterwards. This is not always possible, but they should try their best to inform their employers about the mishap promptly.

In order to file a workers compensation claim, your injuries should be fully documented. As part of the medical exam following a workplace injury, a drug test may be administered to confirm that you were not intoxicated when the incident happened. You also need to file your testimony of the events that led up to the injury, the treatment note from of a doctor and the testimony of your employer regarding the safety procedures being used.

You should also file a claim with the industrial court or workers compensation court in Louisiana. This will formally notify your employer, the insurance firm of the employer and the court about the incident. After filing your claim, some protective orders will be put in place immediately.

It is the right of employees to seek treatment from a physician. If they are allowed by their doctor to go back to work, employees reserve the right to return to their job. Workers who are not in a position to go back to work as a result of the injury have a right to a particular type of disability compensation. Workers who are not happy with the decision made by their employer, the insurer of the employer or the workers compensation court can appeal this decision and be represented by a lawyer all through 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.

At times, on the job injuries are caused by the negligence of third parties like the manufacturer or designer of defective equipment or a person driving a delivery truck. If you get injured due to the carelessness of another party, you may bring a claim against the entity or person. This is referred to a third party claim. Third party claims are usually filed in federal or state courts in the form of civil lawsuits.

The employees who file a civil lawsuit can seek additional compensation that they may not get if they filed a workers compensation claim. The compensation employees get from a workers compensation claim is meant to pay for their medical expenses and lost wages. Seeking for compensation for pain and suffering is not possible. However, in a third party claim, employees can seek to be reimbursed for pain and suffering.




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