Metairie, LA asked in Employment Law, Personal Injury and Workers' Compensation for Louisiana

Q: my fiance has been out of work since Sept 21st.

my fiance has been out of work since Sept 21st. He told his boss he was hurt on the job and he said let him know what doctors say and provide doctors note. Chris messaged the owner of company he's working for who he's known for over 25 yrs and his supervisor updates on his thumb all they sent back was a text that said “Dang”…. No Workman's Comp has been filed. He went to the E. R. The next morning because then it was bruised/hematoma then abscess that turned into Gangrene. He has his post op surgery appointment Tuesday. From the looks of it he's not ready to return to work.

We need money and fast he's our bread Winner. He's a licensed plumber and makes decent wages but no pay in wks and we are almost drowning. Not to mention we got evicted by a creepy slumlord while he was still in the hospital. Now we are in a new place where we pay weekly and rent is due come this Friday with no income. WHAT SHOULD WE DO?

1 Lawyer Answer
Joseph A. Interiano
Joseph A. Interiano
  • Workers' Compensation Lawyer
  • New Orleans, LA
  • Licensed in Louisiana

A: I recommend filing a workers compensation claim with the office of workers' compensation against his employer. The employer has a duty to report and file a claim with his carrier within 10 days of having knowledge of the injury and accident. The employer also has the obligation to pay for your fiance's average weekly wage at the comp rate and pay for his medical care as required by statute. Since the employer has not paid your fiance any benefits as required by statute, he could be liable for penalties and attorney's fees (if you decide to hire an attorney to file the claim). I would recommend filing the claim as soon as possible or consulting a worker's compensation attorney for assistance in filing.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.