Louisiana Workers Compensation Benefits & Settlements
If you are hurt on the job in Louisiana, unable to work due to the injury and if your injury is covered by Louisiana Workers' Compensation Act, your employer and its workers compensation insurer are obligated to pay indemnity benefits, necessary and reasonable related medical bills, travel expenses and vocational rehabilitation benefits. In the event of death, benefits are payable to your survivors.
These payments are made regardless of fault on the part of the employer or employee. In exchange for the benefits, the employee cannot sue his employer in tort for pain and suffering damages. However, there are exceptions.
LOUISIANA WORKERS COMPENSATION INSURERS
Often times the employer refuses to provide the injured employee with the name of its insurer to try to discourage the employee from making a claim. If this is the case, get an attorney. A letter to the employer or filling a disputed claim may be required to determine if the insurance carrier is Louisiana Workers' Compensation Corporation (LWCC), CNA, AIG, Liberty Mutual, Travelers, Sea Bright Insurance Co., The Hartford, Chartis or other insurance company.
Indemnity benefits are typically two-thirds of your average weekly wage. Indemnity benefits include temporary total disability, supplemental earnings benefits, permanent partial disability and permanent total disability.
Accident related medical bills are paid by the employer and its insurer. The injured employee has the right to choose one treating physician in any field or specialty. The employer or insurance carrier's permission is required to change treating physicians within the same field or specialty after the employee's initial choice. An emergency room physician is not considered the choice of the employee.
If the employer or its insurer provides the injured employee with a choice of physician form to select his own physician, the injured employee is not required to choose the company's doctor; rather, he may choose his own physician. However an injured employee must submit to an examination by a company doctor paid for by the company or its insurer as often as may be reasonably necessary.
VOCATIONAL REHABILITATION BENEFITS
Generally, if you are unable to return to your job of injury or an alternative job with the same employer, the employer is required to do a labor market survey to find jobs available in your geographic area for job duties approved by your doctor.
All related expenses reasonably and necessary for obtaining services, medicines, and prosthetic devices should be paid.
LUMP SUM SETTLEMENTS
Lavis Law Firm handles Disputed Claims for Compensation and Workers Comp Settlements at the Louisiana Office of Workers Compensation District Offices Located in Harahan, New Orleans, Houma, Lafayette, Lake Charles, Baton Rouge, Covington, Alexandria, Monroe and Shreveport. If you need help or have any question about your job injury, call me at 866-558-9151 or submit your inquiry online. Please be advised that you may be facing important legal deadlines so don't delay.