In Louisiana, workplace accidents occur most often due to a failure to comply with OSHA regulations. However, additional causes may include a failure to follow safety precautions by workers or faulty machinery repairs. Despite the reason, employers must provide worker’s compensation based on the terms of the policies. A workplace accident attorney helps workers understand the procedures for filing legal claims when necessary.
Emergency Medical Care
The first step followed by all employers is to contact emergency medical services for the worker. If the worker is unable to drive to an emergency room or urgent care facility, the employer must contact emergency services to take the worker to the hospital. The medical assessment shows how extensive the injuries are. It also defines whether or not the worker is entitled to additional benefits beyond medical payments for treatment.
Processing the Claim and Applicable Forms
The employer must complete a claim’s form for the accident and report it to the company’s human resources department. The claim is processed and submit to the company’s insurance provider. A medical report is obtained from the doctor that provided treatment for the worker.
The Role of the Claim’s Adjuster
The claim’s adjuster must review the claim and the worker’s medical report. The claim’s adjuster assesses the terms of the policy to determine if the worker qualifies for worker’s compensation benefits. Eligibility is often based on the extent of the injuries and whether or not the worker can perform light-duty tasks.
The First Step After a Denial
If the worker is denied these benefits, the first step is to contact an attorney. The attorney understands legal tactics to determine if the employer followed the law as directed. If the attorney finds a loophole used to deny the benefits, they can start a legal claim against the employer and the insurance provider.
In Louisiana, workplace accidents lead to serious injuries for workers based on the type of environment in which they work. Employees that work in an industrial setting or were high voltage equipment is used are more likely to sustain the most severe of these injuries.
