WORKERS’ COMPENSATION BASICS
DO YOU HAVE A WORK INJURY?
- Have you or a loved one been injured on the job?
- Are you having difficulty getting back to work?
- Is your employer pressuring you to go back to work before you are able?
- Is your employer refusing to pay for medical treatment for your job injury?
- Is your employer or its insurance company denying your claim?
- Is there some other dispute over your workers’ compensation claim?
- Do you need to file a claim for workers’ compensation benefits?
- Is your employer or its insurance company wanting to settle your claim?
Workers’ compensation law can be complicated. If you are injured on the job, you really should consult with an attorney.
In Louisiana, the law regarding state workers’ compensation is codified in the Louisiana Revised Statutes. The legislature states in §23:1020.1 that the purpose of the law is three-fold:
“(1) To provide for the timely payment of temporary and permanent disability benefits to all injured workers who suffer an injury or disease arising out of and in the course and scope of their employment . . ..
(2) To pay the medical expenses that are due to all injured workers . . ..
(3) To return such workers who have received benefits . . . to the work force.”
So, if you are hurt on the job, you are entitled to:
- receive tax-free benefit payments of 2/3 of your prior earnings (but only up to a certain maximum benefit amount that periodically changes);
- have your medical expenses stemming from that injury paid on your behalf; and
- have assistance with returning to the work force if you are able, sometimes involving training for a new job.
The workers’ compensation system is designed to keep employers employing, not going out of business because they had to pay someone who was hurt on the job. Most employers opt to carry workers’ compensation insurance. More and more, however, workers’ compensation laws tend to favor employers rather than injured employees, due to the strong influence of employers’ lobbyists in Baton Rouge and elsewhere.
It is best not to try and wade through the workers’ compensation mire without an advocate working on your behalf. To read more information about how workers’ compensation works, click here. If you’d like to meet for a consultation regarding your job injury, please feel free to call this office at (985) 809-1442.