An on-the-job injury can bring costly medical bills and uncertainty about financial recovery. In most cases, you will need to file a workers’ comp claim with your employer’s insurer.
However, under certain circumstances, you can file a personal injury lawsuit. A workers’ compensation lawyer in Baton Rouge can explain your options.
At Fisher Injury Lawyers, we pride ourselves on providing personalized attention to every client. When you hire us, we will get to know you and your claim and treat you as a member of our family.
With a proven track record of success, our experienced team of Baton Rouge personal injury lawyers will help you pursue the compensation you need. Contact us today to schedule your free case review.
What Is Workers’ Compensation?
Workers’ compensation is a form of insurance designed to protect both employees and employers in the event of a workplace accident. Most employers in Louisiana are legally required to carry workers’ comp insurance.
If you are injured in the workplace, this insurance provides you with an easy option for recovering the compensation you need. Filing a claim is generally faster and less complicated than pursuing a personal injury lawsuit, allowing employees to receive the financial support they need more quickly.
Workers’ compensation insurance protects employers against lawsuits by injured workers. Without it, larger employers could face frequent litigation, while smaller employers might struggle to pay injury claims, potentially leading them to bankruptcy.
Workers’ compensation is intended to ensure a balanced system for addressing workplace injuries while maintaining economic stability for employees and employers.
For a free legal consultation with a workers' compensation lawyer serving Baton Rouge, call 225.766.1234
Circumstances Under Which You Can File a Personal Injury Lawsuit
In most cases, your only option for recovering financial compensation after a workplace injury is to file a workers’ compensation claim. While workers’ comp provides a faster and more straightforward path to financial recovery, it limits damages to economic losses such as medical expenses and lost wages.
However, certain circumstances allow you to file a personal injury lawsuit for additional compensation. Unlike workers’ comp, a personal injury lawsuit may include non-economic damages, such as pain and suffering, along with other economic losses.
To file a lawsuit against your employer, you must prove:
- They failed to maintain a reasonably safe workplace through negligence.
- They intentionally caused your injury.
Additionally, if a third party is responsible for your injury, you can pursue legal action against them. Examples include:
- Filing a lawsuit against a manufacturer if a defective tool caused your injury.
- Suing a driver if you were struck by a vehicle while performing your job duties.
Our team at Fisher Injury Lawyers can help determine if a personal injury lawsuit is the right option for you. We’ll evaluate your case, identify liable parties, and ensure you pursue the compensation you deserve.
Baton Rouge Workers' Compensation Lawyer Near Me 225.766.1234
Steps Your Baton Rouge Workers’ Compensation Lawyer Will Take to Help With Your Case
When you hire a workers’ compensation attorney in Baton Rouge to help with your case, there are a variety of actions they will take to ensure a favorable outcome for your case.
Investigation and Evaluation
One of the first things your lawyer will do is investigate your accident to determine your options for recovering compensatory damages.
If your attorney determines that you are eligible to file a lawsuit, they will advise you of the drawbacks and benefits of both a workers’ comp claim and a personal injury lawsuit.
Once you decide which avenue you would like to pursue, your lawyer will begin building your case for compensation and help you secure a favorable case result.
Case Building and Paperwork
Once you decide on the appropriate course of action, your attorney will start building your case. This includes filing all necessary paperwork, gathering evidence such as medical records and witness statements, and evaluating your losses to identify all applicable damages.
Negotiation for a Settlement
Your lawyer will negotiate with the insurance company or opposing party to secure a settlement that meets your financial and medical needs.
Representation in Court
If negotiations fail to achieve a fair settlement, Fisher Injury Lawyers will take your case to court. With decades of experience and a strong trial record, our team will litigate aggressively to protect your rights and maximize your recovery.
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todayDeadlines for Taking Legal Action
When pursuing a workers’ compensation claim or a personal injury lawsuit after suffering an on-the-job injury, you must pay attention to the applicable deadlines.
Reporting and Filing Workers’ Compensation Claims
In Louisiana, you must report your workplace injury to your employer within 30 days of the incident. After reporting the injury, you have up to one year from the date of the accident to file a formal workers’ compensation claim. Failing to meet these deadlines can jeopardize your ability to recover benefits.
Personal Injury Lawsuit Deadlines
If pursuing compensation through a personal injury lawsuit, the Louisiana personal injury statute of limitations will set the deadline for your case. Accident victims injured on or after July 1, 2024, have two years to take legal action. For accidents occurring before this date, the deadline remains one year from the date of the injury.
The Importance of Acting Quickly
To preserve your ability to seek compensation, it is critical to consult with an experienced Baton Rouge workers’ compensation attorney as soon as possible.
Early legal intervention ensures all deadlines are met and enables your attorney to secure crucial evidence while it is still available, strengthening your claim.
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Reach Out to Our Experienced Workers’ Compensation Lawyers Serving Baton Rouge Today
When pursuing compensation following a workplace injury, hiring an experienced Baton Rouge workers’ compensation lawyer can significantly improve your chances of a favorable outcome.
At Fisher Injury Lawyers, we have recovered over $165 million for our clients, leveraging our resources and experience to ensure positive results.
To get started on your case, contact us today by phone or through our online contact form and schedule your free initial case evaluation with a member of our legal team.
For insight into the level of service we provide, read our client testimonials and see why Fisher Injury Lawyers is the place for you.
Call or text 225.766.1234 or complete a Free Case Evaluation form