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Understanding Workers’ Compensation

How Workers’ Compensation Litigation Works 

On-the-job injuries happen, but you don’t have to navigate the complexities of workers’ compensation on your own. Here at Knezek Law Firm, we resolve workers’ compensation claims. Our team works closely with clients to craft a targeted litigation/resolution strategy for each claim, and we do everything in our power to pursue that resolution.

Let’s start with the basics. 

What is Workers Compensation?

Work-related injuries are unfortunately a common part of many different professional fields in Louisiana. Workers are covered by the state’s workers’ compensation laws, which protect workers from paying out of pocket to cover medical costs and lost wages due to work-related injuries.

Workers’ compensation is statutory, meaning every state requires employers (of a certain size) to offer worker’s compensation coverage for employees who are injured on the job. Louisiana workers’ compensation laws include a no-fault process that protects both employees and employers.

What is a No-Fault System?

Unlike most personal injury cases, workers’ compensation claims are not required to show fault. This significantly simplifies the claims process by eliminating the need for the court system. Despite being “no-fault,” you should consider hiring a lawyer for your workers’ compensation lawsuit.

Any attorney you hire to help with a workers’ compensation claim must understand the claims-handling guidelines for each business unit they work with and be able to budget costs and calculate exposure. 

Defense attorneys should:

  • Represent the interests of the employer or insurer at hearings, trials, depositions, oral arguments, mediations, arbitrations, and other proceedings.
  • Communicate with claims representatives.
  • Monitor loss run reports for trends and increases, and alert management to concerns.
  • Assist with the investigation of accidents and problem areas.
  • Manage workers’ compensation costs.
  • Coordinate and attend claims reviews.

We recognize the most efficient resolution will vary from claim to claim. We do not provide a cookie-cutter defense where we treat every claim the same, and we do not perform endless discovery and engage in endless litigation with no effort towards resolution. Instead, our approach is to resolve workers’ compensation claims in the most efficient manner possible to help achieve your desired result.

Whether your claim requires extensive discovery and litigation, needs to be settled with minimal legal expense, or needs to be appealed, our workers’ compensation attorneys will formulate a strategy unique to your needs. We diligently pursue resolution and are highly proactive regarding discovery, litigation, and settlement. We provide the necessary information and reporting even before our clients need it and always strive to exceed client expectations. If you have questions about the workers’ compensation system in Louisiana, contact Knezek Law today. We will walk you through the process.

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