How Are Indemnity Benefits Paid?

If you are an employee who has recently suffered an injury while at work, you may be entitled to weekly and/or monthly indemnity benefits if your injury prevents you from returning to work for seven days or more. No compensation benefits will be paid for the first week after incurring your injury unless your disability persists for two weeks or longer after the date of the accident. The “waiting period” indemnity payment will then be paid after those two weeks have then elapsed.

During a period of temporary total disability, your employer or their workers’ compensation insurance company will be responsible for the payment of indemnity benefits to you in an amount equal to 2/3 of your average weekly wage, subject to a maximum and minimum amount predetermined by the state of Louisiana. Indemnity benefits are determined based on the date of your accident which caused the injury and is not adjusted annually for increases or decreases in the benefit amount set by the state.

If you suffer a debilitating injury at work, then you may be entitled to supplemental earnings benefits if you’re able to return to work, but unable to earn at least 90% of your pre-injury wage. Supplemental earnings benefits are set as 2/3 of the difference between the pre-injury average of your monthly wages and the average monthly wage you’re capable of earning, with maximum and minimum limitations. They are payable on a monthly basis.

You are also entitled to a one-time payment of $50,000 if the injury is later determined to be catastrophic. Only these injuries are considered injuries which are catastrophic: paraplegia or quadriplegia, or total loss of both hands, arms, feet, legs, eyes, or any hand and foot, or any two thereof.

If you apply for and receive social security disability benefits, that amount of these benefits will be reduced, if you are also receiving worker’s comp benefits. The payment of social security disability benefits will not lower the amount of your worker’s comp benefits.

You are not able to receive workers’ compensation indemnity benefits and unemployment insurance benefits at the same time. Thus, if you applied for and you receiving unemployment benefits, you cannot receive any worker’s comp benefits until the unemployment runs out.

If you or someone you know is coping with a sustained injury from a work-related accident or condition, please contact Fischer & Procell to receive expert guidance through the workers’ compensation system and get the help you deserve today. Our experienced workers’ compensation lawyers can help you navigate the complex Louisiana insurance and legal system.