It’s hard to know what to expect after getting injured on the job. Knowing about the average workers’ compensation settlement in New Orleans, LA, can help. It is also beneficial to learn about where things can go wrong. A workers’ compensation attorney in New Orleans can inform you about the details of the process.
What Is a Workers’ Compensation Settlement?
A workers’ compensation settlement is an agreement between an employer and an employee. It gives the injured worker a set payout. In exchange, the worker can’t ask for more money later. The settlement may cover wage loss and medical care.
Louisiana law sets the rules for how these claims work. Employers have to provide these benefits when workers get hurt on the job. However, many claims lead to a one-time payment rather than ongoing checks.
This kind of deal can help workers avoid delays. But it also means they can’t ask for more help if the injury gets worse. Workers should only settle after they know the full scope of their injury. Once signed, the settlement is final in most cases.
Average Settlement Amounts in New Orleans
Workers’ comp settlements vary depending on the injury. Minor injuries that heal fast may settle for a few thousand dollars. This can happen in the professional services industry, which employs 96,000 people in Louisiana as of 2023. Common injuries here are due to repetitive motions, like carpal tunnel.
Claims involving more serious injuries can result in higher payouts. Louisiana also has catastrophic injury benefits that could be paid out in these circumstances. These injuries are more common in sectors like agribusiness. Louisiana has a $13 billion economic impact annually from this sector, but the risks are higher.
Temporary and Permanent Disability Benefits
There are also temporary and permanent disability benefits. These depend on your wage before you were injured. Some benefits continue until you no longer need regular medical support. Others last for as long as the disability continues to exist in your life.
In 2024, the average weekly wage in Orleans Parish was $1,354. The temporary disability benefit in Louisiana is two-thirds of your weekly pay. This means that if you qualify for temporary disability, you can receive two-thirds of that amount.
Common Delays in Settlements
Delays can prevent compensation from covering important medical expenses. These issues often come from the insurance side. Common delays include:
- Cause of the injury. The insurer might claim the injury didn’t happen at work. This is common with soft tissue injuries. The worker might have to prove their case through records. Statements could help, too, but this could be difficult if no witnesses saw the accident happen.
- Pre-existing conditions. Some workers have experienced similar injuries in the past. The insurer might argue that the job did not cause the damage. They may try to shift the blame to an old injury. This can lead to delays in care.
- Medical approval. The fight isn’t over once the claim is accepted. Insurance companies may stall when it comes to authorizing surgery. Workers could be waiting for weeks while doctors try to get approval. This can slow the recovery process.
- Disability ratings. A doctor’s report may list a low impairment rating. The worker may feel that the rating is wrong. If so, the case may need a second opinion or a hearing to resolve the dispute.
- Settling too early. Insurers sometimes offer a quick check to close the claim. That may happen before the worker knows how serious the injury is. Settling too early can leave the worker stuck. Once a settlement is accepted, there is usually little that can be done.
It’s important to know about these issues ahead of time. If they come up during your case, it might help to speak with a workers’ compensation attorney. This can prevent costly mistakes.
Why Do I Need an Attorney?
Hiring an attorney can shift the balance in a workers’ comp case. Many workers don’t know the value of their claim. They might trust that the insurance company will act fairly. But that’s not always how it goes.
A lawyer can gather strong records to challenge low disability ratings. That work often raises the final settlement offer. They can also work to reverse denials. Sometimes, a hearing is needed to do this. This isn’t a formal trial, but an attorney can still represent their client here.
For many workers, having a lawyer helps them feel more in control during the process.
FAQs
A: The body part that has the highest value in a workers’ compensation claim depends on the accident. Claims involving serious mobility issues usually deal with the brain or spine. These injuries often cause long-term problems. This means a worker might not be able to return to the job as fast as with another injury.
A: Surgery can increase a workers’ comp settlement in Louisiana. Surgery usually means a more serious injury. It can also lead to longer recovery times. The final settlement could be increased if the surgery doesn’t fully fix the injury. Doctors may assign a higher disability rating after surgery. This can affect how much the worker receives.
A: Workers’ comp settlements are calculated in Louisiana based on how much the worker made before the injury. The level of function the worker lost also plays a role. Doctors use disability ratings to measure the lasting impact of the injury. Weekly benefit rates follow a set formula under state law.
A: You can get a settlement if your injury was your fault. Louisiana workers’ comp does not involve fault. Injured workers can often receive benefits even if they made a mistake that caused the injury. What’s more important is whether the injury happened during work. Some exceptions exist for intoxication or horseplay.
Putting Injured Workers First
Injured workers deserve enough money to recover without worrying. However, insurance companies don’t hand money out freely. Schedule a consultation with Quantum Counsel to determine the value of your work injury.