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All employees in New Orleans, Louisiana have the right to file a lawsuit against their employees if and when they are underpaid or not paid of their medical benefits or workers compensation income, especially when they were unable to work due to injuries sustained at work. When this happens to you, you need to visit the Office of Workers’ Compensation wherein you must fill up the Form 1008 under the Louisiana Department of Labor.

This is the most basic prerequisite before any trial is to be conducted against your employer, which is to be performed in front of a judge. When you are deprived of your indemnity benefits, or any income benefit that you are supposed to receive from your employer due to an injury, this is already grounds to make a claim against your employer.

The Office of Workers Compensation Courtis the one to handle this type of case. However, you must not wait until after a year since the accident or the time you have sustained your injury before filing a claim or it will be considered null and void. In case of a “developmental injury” wherein the symptoms of your injury or condition did not quickly manifest, the labor law in Louisiana could allow a one-year extension to the filing of claim, which now brings the time limit up to two (2) years. However, there should be substantial evidence shown to support the claim for a “developmental injury”. In addition, the one-year rule on the filing of claim for workers compensation law also applies upon the date of discovery of the injury or medical condition.

The most important requirement for filing this type of claim is that the medical condition, which was disabling, must be related to or sustained from the job. The case of “developmental injury” is rare though, which is why the one-year time limit is what is mostly applied in recent claims for Louisiana workers compensation. In cases wherein Louisiana employees had been paid of their indemnity benefits (mostly due to an injury sustained from work), all of your other benefits (Permanent Total Disability, Permanent Partial Disability, or Temporary Total Disability) will expire if you did not make your claim to the Louisiana Office within a one-year period following your receipt of indemnity benefits.

Furthermore, you can also have the right to file a claim for Supplemental Earnings Benefits after you have obtained your workers compensation benefits following an injury. To enjoy this benefit, you need to file this claim within three years since you received your indemnity benefits.You will no longer have the benefit of extending the time limit for your workers compensation claim since you already received some of the other benefits you are entitled to. In cases of illnesses or disease, not just injuries, sustained from the work place, the same one-year time limit still applies.

The one-year period covers the time since the disease begun to manifest itself, or when the employee was unable to report to work due to the illness sustained. And if the employee can provide substantial evidence that the illness or disease was job-related, then that increases the possibility of winning the claim.

If you want to file a worker’s compensation claim and want to do it right, seek help from an experienced law firm like John Fox and Associates. Call Toll Free number 1-866-994-1912 or 1-504-891-3303, or Email johnfoxassociates@cox.net.