Workers’ Compensation Attorneys in Louisiana

Injured on the Job? We Protect Your Livelihood.

Workers’ Compensation is supposed to be a safety net. It is a “no-fault” system designed to provide immediate medical care and lost wages to employees injured at work, regardless of who caused the accident.

However, many Louisiana workers discover that the system is not as automatic as it seems. Insurance companies frequently deny valid claims, delay medical approvals, or cut off benefits before you are ready to return to work.

At the Berniard Law Firm, we navigate the complex administrative laws to ensure you get the benefits you are entitled to. You worked hard for your employer; we work hard to make sure they take care of you.

The “Grand Bargain”: What You Can (and Can’t) Do

Workers’ compensation laws involve a trade-off. Generally, you cannot sue your employer or co-workers for negligence. In exchange, you are entitled to guaranteed benefits without having to prove that your employer did something wrong.

You are covered even if:

• The accident was your fault.
• You aggravated a pre-existing injury.
• The injury developed slowly over time (like repetitive stress or back strain).

The Benefits You Are Entitled To

If you are injured in the scope of your employment, you are entitled to three main types of relief:

1. Medical Benefits
Your employer’s insurance must pay for all necessary medical treatment related to your injury. This includes doctor visits, surgery, physical therapy, and prescriptions. You should never pay a co-pay or deductible for a work injury.

2. Indemnity Benefits (Lost Wages)
If your doctor takes you off work for more than 7 days, you are entitled to weekly checks.

• Temporary Total Disability (TTD): Generally calculated as 66 2/3% of your average weekly wage.
• Permanent Partial Disability (PPD): If you suffer a permanent impairment (like the loss of use of a hand or leg) but can still work, you may receive a lump sum or scheduled payments.

3. Vocational Rehabilitation
If your injury is so severe that you can never return to your old job, the insurer must pay for job retraining to help you learn a new trade or skill.

When You Can Sue: Third-Party Claims

While you usually cannot sue your boss, you can sue a “third party” whose negligence caused your injury. This allows you to recover damages that workers’ comp doesn’t cover, such as Pain and Suffering.

• Example: A delivery driver hits you while you are driving a company truck. You can file a workers’ comp claim (for medical bills) AND a lawsuit against the other driver (for pain and suffering).
• Example: A defective machine malfunctions and hurts you. You can sue the equipment manufacturer.

Why Claims Are Denied (And How We Appeal)

Insurance companies often reject claims by arguing that the injury didn’t happen at work, or that it is a “pre-existing condition.” They may also try to force you back to work before your doctor says you are ready.

Do not face the Workers’ Compensation Board alone. An experienced attorney is your strongest asset. If your claim is denied, we can:

• File a Disputed Claim for Compensation (Form 1008).
• Arrange for an Independent Medical Exam (IME) to counter the company doctor’s opinion.
• Represent you at the appeal hearing to fight for your back pay and reinstatement of benefits.

Contact Us for a Free Case Evaluation

Failing to retain counsel could be the difference between receiving justified compensation and being left with no income and mounting medical bills.

Call the Berniard Law Firm at (504) 521-6000. We will review your case, explain your rights, and help you decide if a lump-sum settlement is in your best interest.