TYPES OF BENEFITS
If you are unable to work due to injuries suffered in a work accident, you may be entitled to indemnity benefits. These types of benefits may be paid each week, every other week, or monthly. The amount of compensation you may receive is entirely dependent upon your wage rate. There are very specific ways to calculate your indemnity benefit and insurance companies often calculate incorrectly. The first indemnity payment should be made within fourteen days of disability. One of the more frequent causes of delay is the failure to provide medical documentation of disability. In cases involving hearing loss, sight loss, scarring or disfigurement, you may be entitled to indemnity benefits even if you have not missed any time at work.
The goal of the Louisiana Workers' Compensation system is to assist workers in returning to the workforce. A vital component of that goal is the assistance of a vocational rehabilitation counselor. If you are unable to return to the job of injury, the vocational counselor is supposed to assist you in finding alternative employment. However, all too often we see the vocational counselor used only as a mechanism to decrease or eliminate the benefits owed to you. We do not allow vocational counselors to meet with you outside of our presence. You will always have the assistance of Mensman Law to protect your rights when dealing with the vocational rehabilitation aspect of your claim.
Recently, the Louisiana Legislature fundamentally changed the way medical benefits are obtained. The process has become complicated and cumbersome for injured workers and physicians. Some of the benefits you may be entitled to are physical therapy, medication, injections or surgery. Insurance companies often delay or deny these requests. Once a request for treatment has been made by your doctor, the insurance company has five business days to respond. If the request is denied, your doctor has a very limited time to appeal the denial. We work very closely with your doctor to ensure that everyone involved is working toward obtaining the medical treatment you need. Our goal is to get you all medical benefits that your doctor recommends.
At some point during your claim, your adjuster will likely want to pursue settlement. This is the most crucial point in any workers' compensation claim. Simply put, once you settle your claim, the insurance company is forever free of any obligations owed to you. They will pay no more indemnity or medical benefits. If you make the wrong valuation, you will not have sufficient funds to maintain the necessary medical care. We understand the significance and tremendous importance of this step. We do not haphazardly guess at the value of your claim. We spend many hours reviewing years of medical reports to accurately forecast the value of your claim. We are determined to obtain all benefits owed to you.