Louisiana Workers’ Compensation & Longshore Act Claims

Tony Le Mon is a very experienced lawyer in the field of workers’ compensation in Louisiana. For the majority of his 32 year law career, he has represented Fortune 500 companies throughout the entire State of Louisiana in defense of worker’s compensation benefits. In today’s corporate America and restructuring, that is no easy feat! He has also represented branches of the military exchanges throughout the United States in defense of federal workers’ compensation or Longshore claims.  Tony Le Mon has also represented many injured workers throughout his law career. By representing both employers and employees, Tony Le Mon has the insight of knowing the defense techniques more effectively used by employers and insurance carriers so that he can best posture your case to a successful outcome, whether you are an employer or an injured employee.    

Should you be injured on-the-job, you will, with rare exception,  be entitled to workers’ compensation benefits, no matter if you are at fault for your own injuries and regardless of how minor or serious your injuries. Whether you are an employer or an employee, it is important to know your rights and obligations under the Louisiana Workers’ Compensation Act, LSA-R.S. 23:1021 et. seq.  and the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), 33 USC 901 et. seq.  If you, as an employee, get injured on the job in Louisiana, it is important to immediately report that accident to your employer. In turn, your employer is required to immediately complete an LDOL-WC-1A-1 form for filing with the Louisiana Department of Labor. A similar rule applies under the LHWCA utilizing an LS-202 form. May employers are reluctant to submit these forms as they get scored by the insurance companies and their premiums set in part by the number of their work-related injuries. Often the employer will promise to pay your wages and medical bills while you are recovering and ask you not to worry about reporting the accident to them and they, themselves, fail to accident as mandated by law  to the Louisiana Department of Labor or the LHWCA District Office ad their insurance carrier, if they have insurance. If you follow that script, you may lose your right to worker’s compensation benefits for failing to timely or accurately report the accident or by failing to immediately report your accident to your doctor. The employer may not even intend these consequences. Whether the employer or employee, you should consult Tony Le Mon to ensure that you are complying with all laws.

Indemnity Benefits

If you become disabled from your job, even if only on a temporary basis or even if you are partially disabled above a certain cut-off level, you may be entitled to receive a portion of your average weekly wage (AWW) based upon a formula set out by law known as indemnity benefits or supplemental earnings benefits (SEB). An employer has a deadline to start paying you these “indemnity benefits” in the correct amount or face owing you past due “indemnity benefits” plus penalties and attorney’s fees.  It is important to hire a lawyer like Tony Le Mon who knows how to correctly calculate your indemnity benefits and to ensure that if those benefits are terminated without legal basis that your rights are protected, and if necessary, that a complaint is filed and prosecuted before a Judge.

Medical Care

If you are injured, to receive medical care you will need pre-authorization from the employer or its insurance carrier for treatment. The employer or its carrier may have the legal right to approve or deny this care.  There are short time periods for appealing the necessity of treatment which, if missed, can require repeating the process.  By example, under the Louisiana Workers’ Compensation Act, if this happens, months might pass without your receiving paid medical care if you or your doctor is not aware of the Guidelines set out by the Louisiana Office of Workers’ Compensation.

Other Benefits

Among other benefits you may be entitled include: mileage reimbursement for travel to receive medical care and vocational rehabilitation.

Antonio Le Mon, APLC can help you safely and effectively navigate the state and federal workers’ compensation laws whether you are the employer or the employee.  You need to know your rights or you are at a tremendous disadvantage dealing with employers and their insurance carriers who are well versed in the law and mechanics of the compensation systems.  If you choose Tony Le Mon, you are choosing to best protect your rights.

No Attorney’s Fees

If there is no recovery of worker's compensation medical, indemnity or other benefits for you, I do not charge an attorney's fee. Tony Le Mon does not ask you to pay his attorney's fees out of your own pocket; rather, all his attorney's fees are paid by the employer or insurer as a percentage of the benefits paid to you or in lump sum settlement of your claim.