If you’ve been hurt on the job in Louisiana, you’re likely wondering how your workers’ compensation benefits are determined. The aim of workers’ compensation is to help you recover lost wages and medical costs if you’re injured performing your duties. However, calculating these benefits can be confusing.
Below is a quick look at the basics of how Louisiana determines how much money you might receive if you’re hurt at work.
Overview of Louisiana Workers’ Compensation
Under Louisiana law, most employers must carry workers’ compensation coverage for their employees. This system is generally “no-fault,” meaning you can receive benefits no matter who caused the accident (with limited exceptions). In return, you usually can’t sue your employer directly for the injury.
Workers’ compensation covers:
- Medical expenses: Bills for doctor visits, hospital stays, therapy, and prescriptions
- Wage replacement: A portion of your lost income while you recover
- Rehabilitation costs: If you need retraining or vocational services to return to work
- Death benefits: If a workplace injury turns fatal, certain family members can receive compensation
The exact benefits you are entitled to will depend, in part, on the circumstances involved in your case.
Temporary Total Disability (TTD)
When your job injury keeps you from working at all while you heal, you may get Temporary Total Disability (TTD) payments. In Louisiana, TTD benefits are typically two-thirds of your average weekly wage, but there’s a maximum cap set by state law each year.
For example, if you made $600 per week on average, you’d usually get about $400 weekly in TTD—but only up to the state’s maximum rate.
TTD often continues until you reach “maximum medical improvement” (MMI), which means further treatment won’t likely improve your condition. Once you reach MMI, doctors might say you can return to your job or decide you have a permanent disability.
Permanent Partial Disability (PPD) and Permanent Total Disability (PTD)
Two other disability categories involve longer-term damage:
- Permanent Partial Disability (PPD): If you suffer a lasting injury (like loss of a finger or reduced use of a limb), you may get scheduled benefits for a set number of weeks based on the body part involved.
- Permanent Total Disability (PTD): If you can’t ever work again due to your injury, PTD benefits can continue indefinitely.
As with TTD, PTD payments are usually around two-thirds of your regular wage, subject to state-set minimums and maximums.
Calculating Average Weekly Wage
Your average weekly wage (AWW) is central to computing your benefits. Generally, it’s the average of your gross wages over a certain time—like the four full weeks before your accident.
If your schedule or earnings vary, the insurer might use a longer period to find a fair figure. Overtime and certain benefits may or may not count, depending on Louisiana’s rules.
If you hold multiple jobs, sometimes the AWW includes income from each employer if you were injured while performing duties for an insured job. Confirming the correct AWW is critical, as it directly impacts how much you get each week.
Contact a Louisiana Workers’ Compensation Lawyer for a Free Consultation
Understanding workers’ compensation in Louisiana can be tough, especially when you’re already dealing with medical appointments and lost income. Missing key deadlines or accepting a low-ball benefit can hurt you financially for years. An experienced personal injury attorney can calculate the correct wage rate, gather medical evidence, and negotiate with insurers on your behalf.
If you believe your benefits were unfairly cut, delayed, or denied, a Louisiana workers’ compensation lawyer can guide you. Get a free consultation from Mansfield Melancon Car Accident and Personal Injury Lawyers to learn your rights and options.
Contact a Baton Rouge, LA Car Accident Lawyer from Mansfield Melancon Car Accident and Personal Injury Lawyers for Help Today
For more information, please contact Mansfield Melancon Car Accident and Personal Injury Lawyers to schedule a free consultation with a car accident lawyer in Baton Rouge, LA today. We have three convenient locations in Louisiana, including Baton Rouge, New Orleans, and Lafayette.
We proudly serve East Baton Rouge Parish, Lafayette Parish, Orleans Parish, and its surrounding areas:
Mansfield Melancon Car Accident and Personal Injury Lawyers – Baton Rouge Office
404 Europe Street
Baton Rouge, Louisiana, 70124
(225) 263-4787
Mansfield Melancon Car Accident and Personal Injury Lawyers – New Orleans Office
318 Harrison Avenue Suite 107
New Orleans, Louisiana, 70802
(504) 294-3804
Mansfield Melancon Car Accident and Personal Injury Lawyers – Lafayette Office
1318 Camellia Boulevard Suite 206
Lafayette, Louisiana, 70508
(337) 473-2991