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The Marceaux Law Firm

Workers’ Comp Flaws Can Help Employers and Hurt You

When you’re hurt at work the last thing on your mind is how to deal with accusations. After working so many years for a Calcasieu employer, you expect sympathy and concern. However, with the way workers’ compensation laws are going, you may just get blame instead.

Current Problems With Workers’ Compensation in Louisiana

The workers’ compensation program was originally meant to provide no-fault medical aid and wage protection/replacement for injured workers in lieu of costly and uncertain court cases. However, within the last 50 years, this program has changed. It seems to no longer protect the employee, but rather the employer. Some instances of these changes are:

  • Employers have all the power. All states have included a form of an “exclusive remedy” law that protects employers from common law suits by employees to recover for work-related injuries—while the employees remain unprotected.
  • Injured employees must fight harder. When they’re already injured, putting up a fight against their employer to get the compensation they’re owed seems like a long and arduous fight that some don’t want to deal with—resulting in employers getting away with not paying.
  • Conniving employers are rewarded. Employers and insurance companies employ safety incentive programs to coerce or intimidate workers into not reporting injuries or unsafe and dangerous workplace conditions.
  • Popularity of “Blame the Worker.” Employers and insurers regularly infer that the accident was the employee’s fault due to carelessness, intoxication, or by labeling them as frauds or cheats.
  • Loose indemnity benefits. This can provide employers with lax time frames and grey area calculations.
  • Politics. Employers and insurers have pressured governors and state legislatures to weaken laws, cut benefits, and restrict access to benefits causing drastic reductions in both benefits and costs. According to the National Academy of Social Insurance, benefits have declined by nearly 40 percent in last 12 years from $1.65 per $100 of payroll to $0.97.

Unfortunately, a lot of injured workers feel that the abundant hassle, frustrations, and work that go into a workers‘ compensation claim isn’t worth it—which only proves that the system has problems.

An experienced lawyer knows these problems well, and knows how to set them in order to get you the settlement you deserve. Don’t allow yourself to become overrun, overwhelmed, or overstressed by the same people who initially caused your injury. Let our experience and knowledge work for you. Contact us today for a free consultation and take back the rights you’re owed.

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