Detailed Answer
If an accident leaves you unable to work, you can pursue several avenues under Louisiana law to recover lost wages. Understanding each option helps you choose the best path.
1. Personal Injury Claim
Under Louisiana Civil Code article 2315, anyone injured by another’s wrongful act may seek full compensation, including wage loss. You file a lawsuit against the at-fault party’s insurer. You must prove negligence, causation, and damages. Lost wage damages cover actual earnings you missed due to medical appointments, recovery, and disability. For statute text, see La. Civ. Code art. 2315.
2. Workers’ Compensation Benefits
If your injury occurred at work or in the course of employment, Louisiana’s workers’ compensation system provides wage benefits without proving employer fault. You file a claim with your employer’s carrier. Eligible employees receive:
- Temporary Total Disability (up to two-thirds of your pre-injury average weekly wages) until you reach maximum medical improvement. See La. Rev. Stat. § 23:1203.
- Temporary Partial Disability if you return to work at reduced capacity.
- Supplemental Earnings Benefits if wage loss exceeds impairment benefits.
3. Uninsured or Underinsured Motorist Coverage
If a vehicle accident caused your injuries and the at-fault driver lacks sufficient insurance, your own policy’s uninsured/underinsured motorist (UM/UIM) coverage can fill gaps. Louisiana law requires insurers to offer UM/UIM. Check your policy limits. For legal requirements, see La. Rev. Stat. § 22:1295.
4. Short- and Long-Term Disability Insurance
If you purchased private disability insurance through an employer or individual policy, you may receive a percentage of your salary for a defined period. Review your policy’s elimination period, benefit rate, and duration. Claims adjusters require medical proof of inability to work.
5. Federal Social Security Disability Benefits
If your injury causes a long-term disability that prevents substantial gainful activity for at least 12 months, you may qualify for Social Security Disability Insurance (SSDI). Apply online at ssa.gov. SSDI benefits can supplement other claims but often require a lengthy approval process.
6. Family and Medical Leave Act (FMLA)
If you work for a covered employer (50+ employees) and have at least 12 months of service, you can take up to 12 weeks of unpaid, job-protected leave for serious health conditions. FMLA does not pay wages but preserves your position while you recover.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific circumstances.
Helpful Hints
- Document all medical treatments, prescriptions, and doctor’s orders.
- Track missed workdays and calculate your average weekly wages precisely.
- Notify your insurer and employer promptly of your injury.
- Retain pay stubs and tax records as evidence of lost earnings.
- Consult an attorney early to meet Louisiana’s one-year prescriptive period for personal injury claims.
- Review insurance policies for deadlines on UM/UIM and disability claims.