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Saint Tammany Parish Law Blog

Can independent contractors receive workers' compensation?

An increasing number of people have discovered the benefits of working as an independent contractor. In fact, one recent report found that one out of every 10 Americans now works as an independent contractor as of 2018. While there are various benefits to gain, such as working your own hours, anyone planning on pursuing this type of work should be aware that the law does not mandate employers to provide workers' compensation to freelancers. 

There are numerous ways for independent contractors to sustain injuries during their course of work. One example would involve heading out on assignment for an employer only to end up in a car accident on the way there. However, it is vital for freelancers to know when an employer should really consider them to be a regular employee. 

3 mistakes to avoid when filing for workers’ compensation

If you are getting ready to file a claim for workers’ compensation in the Covington area, take some time to learn about the process. Many first-time workers’ compensation applicants encounter issues when trying to get their claims approved. Fortunately, a denial does not mean it is the end of the road. It is very common for applicants to receive their benefits after going through the appeals process. 

By law, your workplace injury and employment classification may entitle you to receive compensation. However, it is up to you to create an iron-clad claim. To do this, make sure you avoid the following common mistakes that can waylay your claim for benefits. 

3 most dangerous jobs in the U.S.

There is a certain amount of danger that is inevitable in any job. Whether people are teachers, nurses or construction workers, each industry has its own unique set of risks that they must account for every day. It is important to be aware of the hazards that exist on any given job site to avoid injury. Some jobs are simply more dangerous than others, though, and put workers at an increased risk.

The following are the top three most dangerous jobs in the United States. If a worker has sustained an injury while working at one of these or any other position, he or she should see a doctor immediately and consider pursuing legal recourse. 

What is Louisiana's Second Injury Board?

If you are a Louisiana worker with a pre-existing permanent partial disability and sustain a subsequent work-related injury, you are entitled to receive increased workers’ compensation benefits for your now more serious disability. Your claim for benefits, however, must go before Louisiana’s Second Injury Board before you can receive increased workers’ compensation payments for your subsequent injury.

Despite its name, the Second Injury Board handles not only second injuries, but any injury you receive at work that exacerbates your pre-existing condition. The person who files your claim can be any of the following:

  • Your employer if (s)he is self-insured
  • Your employer’s insurance company
  • A third-party person who administers your employer’s workers’ compensation claims
  • An attorney who represents your employer or his or her insurance company

3 mistakes to avoid when injured on the job in Louisiana

If you suffer an injury on the job in Louisiana, you may have access to certain benefits under the state's workers' compensation program. However, you may have many questions about how the program works and what your rights and responsibilities are under the law.

Because many workers do not expect to suffer an on-the-job injury, it often happens that employees lack the knowledge about how workers' compensation functions. This can lead to making mistakes that negatively affect your ability to collect benefits or recover lost wages and pay for medical bills. Here are some tips for what to avoid when you become injured on the job in Louisiana.

3 common injury risks for teachers

If you are a teacher, chances are you love your job. Educating kids and making the world better is what you are all about. Preparing lectures and grading papers may be your main concerns, but you should also be aware of the risk of getting hurt at your job

While teaching may usually be a fairly straightforward and risk-averse career, there are still some hazards to watch for. Here are some that you may encounter while teaching.

Traumatic brain injuries: construction workers at high risk

As a Louisiana construction worker, no one need tell you that the job sites where you work often are hectic and noisy places. You also know that many of your jobs require you to work at a substantial height, such as on a roof, a scaffolding, a crane, or while on a tall ladder. Undoubtedly you are very careful when working at heights since you do not want to fall. As careful as you are, however, you are at high risk of falling on an almost daily basis. If and when you do, you also are at high risk of sustaining a traumatic brain injury as the result of your fall.

In a recent eight-year period, more than 2,200 construction workers sustained a fatal TBI. Over half of these were from a fall, and these TBI deaths accounted for 25 percent of all construction fatalities that occurred during this period.

Workers’ compensation claims when you are hurt away from work

You were rushing to catch a flight for a convention your boss wanted you to attend, when you tripped near the terminal and twisted your foot. Not one to complain, you limped the entire week through the convention and had your stress fracture treated when you got home. Before you laugh the incident off as just being accident-prone, you might consider whether you can claim workers’ compensation benefits for the injury. The accident occurred away from your office, but workers’ compensation in Louisiana is meant to cover incidents that are related to your job.

If you had twisted your ankle while running across the street to meet a friend at your favorite café during your lunch break, workers’ compensation would not apply. When it comes to accidents or illnesses you sustain while you are off the clock or away from work, they must have been directly related to your job duties for you to receive workers’ comp benefits.

Can babysitters and nannies get workers comp?

Babysitters and nannies can be at risk for many of the same injuries facing teachers. For example, teachers sometimes suffer an injury while breaking up a fight or can hurt themselves slipping on a floor while rushing to respond to an emergency. There are also some dangers that babysitters may face more than teachers do. For example, sitters can be more at risk of dog bites from the client's pet.

If a babysitter or nanny suffers an injury on the job in Louisiana, is there a case for workers compensation? There could be, so before you dismiss the notion, seek the advice of an attorney.

The importance of choosing a good doctor

In Louisiana, workers injured on the job can choose their own doctor for treatment, although your employer and/or insurer may not necessarily want you to. For example, your employer might give you a printout of doctors it has "approved."

That said, the emergency room is where you might get your first recommendation, from ER personnel. If your injury did not require you to go to the ER, perhaps your employer or primary care physician made recommendations. No matter what, though, state law gives you the power to choose your own doctor for treatment. This choice could end up even more important than you realize.

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Covington, LA 70433

Phone: 985-898-3434
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Houma, LA 70364

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