If you’re an employee in the state of Louisiana, then you are most probably covered under the Louisiana Workers’ Compensation Law. What does this mean? This simply means that if you are injured, while at work in Louisiana, you are entitled to certain benefits like medical bill cover, travel expenses, vocational rehabilitation cover etc. In case of death due to an accident or injury at work, then it’s your family or ‘survivors’ that are eligible for the benefits.
There are several things that you must know as an employee under the Louisiana workers compensation law. Here are the important points of the law.
- Workers are eligible for compensation irrespective of who’s at fault. Whether it’s the fault of the employer or the employee, you are eligible for workers benefits and compensation. However, the worker needs to waive the right to sue his or her company for the injury damages and pain in exchange for compensation.
- It is very important that you go to a hospital after your injury so that you can get yourself treated for the injury, have an official record of your injury and find out the workers compensation insurer of your company or employer.
- In case your employer refuses to tell you the name of the insurer to prevent you from getting a claim, you can get a Louisiana workers’ compensation lawyer from a reputed law firm. You will need to take an action by sending a letter to your employer or filing a disputed claim .
- There are many types of benefits that a worker is eligible for under the Louisiana workers compensation law.
- Lost Wages Benefits
Indemnity benefits for lost wages that you are entitled to receive, are around two thirds of the average weekly earning. It’s also important to note that indemnity benefits for lost wages are revised every year.
- Medical Benefits
Medical bills which are a result of the accident, are borne by the employer and the workers’ compensation that it is insured by. If the medical bill exceeds $750, then you need approval from the workers’ compensation insurer, unless the treatment is required in an emergency. Upon the payment for the treatment of the worker’s injury by the health insurer, the worker extinguishes the claim for the same against his/ her employer.
The injured worker has the right to choose a physician of a specific field for the treatment of his injuries. However, if the worker wants to change his or her physician, then he/ she will need to get permission for the same either from the insurer or the employer.
The physician who treats the worker in an emergency room is not regarded as the choice of physician of the worker.
Injured workers may be provided with a list of physicians to choose from by the employer or the insurer. It’s not mandatory for the injured worker to choose the company physician, he/ she can choose a physician of personal choice. The employer or its insurer may ask the injured worker to present him/ herself for an examination by the company doctor, which the worker will have to comply to.
- Vocational Rehabilitation
If the injured employer is not able to do the same job that he/ she was employed for before the accident, then it is the duty of the employer to do a survey and suggest jobs to him/ her depending on his/ her capabilities to do one.
- Mileage Benefits
This involves the expenses that are required to avail services, purchase medicines or any other such requirements.
Most employees of Louisiana are protected under the Louisiana Workers’ Compensation Law, so make sure to check with your employer regarding the same. In case of an injury or problem with compensation, hire a workers’ compensation lawyer to correctly proceed with a claims case.
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