Supplemental Earnings Benefits In Louisiana Workers’ Compensation Cases

When a worker is injured during the course of employment, one of the first things that they may be interested in learning is what types of benefits they may be entitled to through workers’ compensation. A seriously injured and impaired worker is at a double disadvantage because the injury they suffered on the job also prevents them from being able to work and earn a living. The fact that an injured worker cannot work can cause financial stress in addition to the pain and mental stress of the injury and treatment. Fortunately, under Louisiana workers’ compensation laws, injured workers who are eligible for workers’ compensation can get wage replacement benefits. These benefits are referred to as “supplemental earnings benefits” under Louisiana workers’ compensation laws.

What are “Supplemental Earnings Benefits”?

If an injured worker is unable to work full-time or can only reasonably work a different job that would bring 90% of the worker’s pre-injury wage rate, he or she may be entitled to supplemental earnings benefits under the Louisiana Workers’ Compensation Law. Supplemental earnings benefits are essentially a mechanism that is used as a wage replacement for the workers’ earnings, and are calculated using a formula under the Louisiana Workers’ Compensation statute. Under the statute, the amount of supplemental earnings benefits that a worker is entitled to is “equal to sixty-six and two-thirds percent of the difference between the average monthly wages at time of injury and average monthly wages earned or average monthly wages the employee is able to earn in any month thereafter in any employment or self-employment….” Supplemental earnings benefits are paid out monthly under the law.

How Long can a Worker Remain on Supplemental Earnings Benefits?

The length of time that a worker can remain on supplemental earnings benefits in Louisiana is not unlimited. Under the Louisiana Workers’ Compensation Law, a worker may receive supplemental earnings benefits for up to 520 weeks. However, that period may be shortened under certain circumstances, such as if a worker retires before the 520-week period is up.

Applying for Supplemental Earnings Benefits in Louisiana

If you have been injured at work due to a workplace injury and you are interested in finding out more about your entitlement to supplemental earnings benefits in Louisiana, the best place to start is to contact an experienced Louisiana workers’ compensation lawyer. An experienced Louisiana workers’ compensation lawyer can help you initiate the workers’ compensation process and can help you navigate your claim through the workers’ compensation system. In addition, a Louisiana workers’ compensation lawyer can analyze the facts in your particular case and help determine what benefits you may be entitled to under workers’ compensation laws. The experienced Louisiana workers’ compensation lawyers at Lunsford, Baskin & Priebe offer a confidential consultation to learn your side of the story and to see if they can help you with your workers’ compensation case. Contact the office of Lunsford, Baskin & Priebe today to get started with your confidential consultation and learn your rights.

Source:

legis.la.gov/legis/Law.aspx?d=83447