Worker's Compensation claims are governed
by State law and there are specific guidelines for injuries
and what one can expect to receive. Because the statutory
scheme of laws in Louisiana provide most of the framework
for the benefits, there is less need for actual litigation
about the value of injuries in comparison for the need for
litigation about the procedural requirements about what causes
an employer to be liable for a worker's compensation claim.
One of the most important things to
remember is that an injury you sustain during work will allow
you to apply for worker's compensation benefits. These benefits
are actually owed to you by your employer, who is required
by law to have an insurance policy in order to provide worker's
The test for being able to obtain workers
compensation benefits is whether or not you were in the "course
and scope" of your employment at the time the accident
happened. Thus, you normally have to be on the job and performing
your job duties during working hours to make such a claim.
Of course, there are exceptions and this is a very complicated
area of the law that is beyond the scope of any discussion
If you are at work, doing your job and
are injured, or on an errand for your employer, you should
be entitled to workers compensation benefits.
Call for a free consultation.