Workers’ Compensation in Louisiana

Workers’ comp in Louisiana (also referred to as workers’ compensation, workmans comp, and work compensation) gives employees who become injured or ill on the job money to replace the wages they lose while they recover from their injuries or illnesses, and medical treatment. Louisiana makes it compulsory for an employer to have workmans comp insurance. Work compensation claims must be filed with the Louisiana Office of Workers’ Compensation.

There are certain kinds of workmans comp claims that require the advice and assistance of a Louisiana worker’s comp attorney. In particular, if a third person played a role in your accident, or if your accident resulted from a defective piece of equipment or product, an attorney can discuss your potential options for filing a lawsuit. In addition, if your boss is uninsured, underinsured, or uncooperative, it is in your best interest to get advice from a Louisiana work compensation attorney.

Illnesses and Injuries Covered Under Louisiana Workers’ Compensation Law

Accidental Physical Injuries

• Tripping, slipping, falling, or other accidents that occur at the worksite.
• When a worker’s injury is caused by his intoxication or drug use, or when the injury is self-inflicted, an employer’s work compensation insurance will not cover the injury.

Occupational diseases

• The illness must result from conditions that are characteristic of those at the employee’s job or worksite. Diseases such as carpal tunnel syndrome and black lung disease are most likely covered. However, conditions such as mental illness, arthritis, and heart disease are excluded from coverage.

Death

• Survivors of a deceased worker may get death benefits.

The Louisiana Worker’s Comp Claims Process

• Notify Your Boss
  • Tell your boss about your accident or sickness within 30 days of the accident’s occurrence. Your employer must then file an Employer Report of Injury or Illness (Form 1007) with his insurer, and with the Louisiana Office of Workers’ Compensation. If your claim is not filed within a reasonable time, you will lose your work compensation benefits or your benefits will be delayed.
• Get Medical Help Immediately
• A Louisiana workers’ comp lawyer can be of great assistance to you if you have questions about filing your claim or if your claim has been denied.

Benefits Received in Louisiana Under the Workers’ Compensation Program

Several kinds of workmans compensation benefits are available in Louisiana. Discuss the following options with a Louisiana work compensation attorney:

• Medical Treatment: Your employer’s insurer will pay your health care provider for your work injury related doctor’s bills, hospital bills, and other medical treatment.
• Wage Reimbursement: A worker’s travel to and from medical appointments and treatments connected to his injury will be reimbursed by his employer’s insurer or by his employer.
• Funeral: Maximum of $7,500 in funeral benefits.
• Death: When an employee dies from a work-related injury or illness, his family will receive a certain amount of work compensation benefits even after the employee’s death depending on the situation.
• Vocational Rehabilitation: If an injured worker is unable to go back to his original job because of his injury, he may qualify to get training in another occupation.
• Income Benefits: to provide a sick or injured employee with income while he is unable to work:
  1. Temporary Total Disability Benefits (TTD for short): When your injury or sickness prevents you from working. Note that Louisiana does not distinguish between temporary total and temporary partial benefits.
     • Amount: Subject to a maximum and minimum benefit, an employee will get paid each week 2/3 of his average weekly wages at the time of his injury. Payments will end when he reaches maximum medical improvement.
  2. Permanent Total Disability Benefits (PTD for short): The injury or illness renders the employee indefinitely unable to work.
     • Amount: You may get a lump sum payment or 2/3 of your average weekly wages at the time of your injury each week for the remainder of your life or until you return to work.
  3. Permanent Partial Disability Benefits (PPD for short): When the employee’s injury will no longer improve, and he will always be affected by it in some way, but can still work in some capacity (i.e.-disfigurement, loss of a limb).
     • Amount: The amount of benefits depends on the part of your body that was injured and your percentage of disability.

Why Hire A Louisiana Workers’ Comp Lawyer?

Hire a Louisiana workmans comp attorney to help you with your workmans compensation claim, as the procedure can be very complex. If your claim is contested, denied, or if your injury may be difficult to prove or may be serious or long-term, a lawyer can help you comprehend the workmans compensation process in Louisiana, effectively fight for your claim, file paperwork within the appropriate deadlines, discuss your payment alternatives with you and recommend an effective strategy for your case.

Louisiana Workers’ Compensation Act

The Louisiana Workers’ Compensation Act is located in the Louisiana Revised Statutes

1. Employers Subject To Workers’ Compensation
   • Workers’ Compensation Act, Tit. 23 § 1032.
2. Covered Employees
   • Workers’ Compensation Act, Tit. 23 § 1035.
3. Benefits
   • Workers’ Compensation Act, Tit 23 §§ 1201-1236.
4. Claims Procedure
   • Workers’ Compensation Act, Tit. 23 §1310.