Workers Compensation in Louisiana
A workplace injury can turn your world upside down. One minute, you’re focused on your job, and the next, you’re dealing with pain, mounting medical bills, and the stress of being unable to work. How do you navigate what comes next?
Louisiana’s workers’ compensation system is designed to provide relief during these challenging times. From medical care to wage replacement, it ensures injured workers have the support they need to recover and move forward.
However, securing these benefits isn’t always as straightforward as it seems. Missing deadlines or facing disputes with an employer’s insurance carrier can create unnecessary hurdles. Understanding the process is key to protecting your rights and your future.
This guide explains how workers’ compensation works in Louisiana, the steps you should take after an injury, and how an experienced attorney can help you secure the benefits you deserve.
Workers Compensation Statistics in Louisiana?
Workplace injuries remain a concern for Louisiana employees. In 2023, private-sector employers reported approximately 28,400 nonfatal workplace injuries and illnesses, with an incidence rate of 2.8 cases per 100 full-time employees—above the national average.
Some industries in Louisiana experience higher rates of injury:
- Construction: High-risk work involving falls, machinery accidents, and heavy lifting.
- Healthcare and Social Assistance: Lifting patients and exposure to infectious diseases contribute to an injury rate of 4.3 per 100 employees.
- Oil and Gas Extraction: Known for its physically demanding and hazardous working conditions, leading to equipment-related injuries.
How Does Workers Comp Work in Louisiana?
Louisiana’s workers’ compensation system offers medical and financial support to employees injured or made ill due to their work. To qualify, the injury must occur during the course of employment or as a direct result of workplace conditions. Examples include a fall on the job or respiratory issues caused by chemical exposure.
Most employers in Louisiana are required to carry workers’ compensation insurance. The benefits include:
- Medical Care: Covers doctor visits, hospital stays, surgeries, diagnostic tests, and prescription medications.
- Temporary Total Disability (TTD): Replaces two-thirds of your average weekly wage if you cannot work during recovery, subject to state maximums.
- Supplemental Earnings Benefits (SEB): Provides partial compensation if your injury limits your ability to earn your pre-injury wage.
- Permanent Disability Benefits: Offers compensation for permanent impairments resulting from your injury.
- Death Benefits: Provides financial support to dependents and funeral expense coverage in the event of a fatal workplace injury.
If you have been injured or contracted a work-related illness, you may be entitled to coverage of medical costs. As well as benefits to supplement lost wages for temporary disability and partial or total permanent disability. Louisiana does cover mental and emotional injuries as they must result from severe trauma encountered at work or the work environment.
Get Medical Attention
Your health should always come first after a workplace injury. Seeking medical care immediately ensures proper treatment and creates a medical record linking your injury to your job—an essential part of your workers’ compensation claim.
In Louisiana, your employer or their insurance carrier has the right to select the healthcare provider for your initial treatment. If you wish to see another doctor, you can request approval for a change, but it must be authorized by the insurer or the Louisiana Workforce Commission.
Even minor injuries should not be ignored. Some conditions, such as repetitive stress injuries or exposure-related illnesses, may not show symptoms immediately but can worsen over time without treatment.
Document all medical visits, treatment plans, and prescriptions. These records will be critical if your claim is challenged or additional benefits are needed in the future.
File a First Report of Injury
Once you’ve received medical care, the next step is notifying your employer. Louisiana law requires workers to report injuries within 30 days of the incident. While this is the legal deadline, reporting as soon as possible helps prevent delays or complications.
Your employer must file a First Report of Injury or Illness with their workers’ compensation insurance carrier and the Louisiana Workforce Commission. This report includes:
- The date and time of the injury.
- A detailed account of how the injury occurred.
- Information about the medical care you’ve received so far.
The insurance carrier will investigate your claim and determine eligibility. Ensure that your employer has submitted the report promptly and that all details are accurate to avoid unnecessary delays.
The Louisiana Workers’ Compensation Corps states that if no medical benefits have been received, a claimant has 1 year from the date of the injury or illness to file a worker’s compensation claim in Louisiana. But, if you have received medical benefits, you have 3 years from the date of the last payment or medical benefit received.
Louisiana does not allow for temporary disability benefits if you can return to work However, you can receive supplemental earnings benefits if your injury prevents you from earning 90% of your previous wages. These benefits entitle you to two-thirds of the difference between what you previously earned and what you’re earning now.
Why You Should Hire a Workers’ Compensation Lawyer
Navigating Louisiana’s workers’ compensation system can be daunting, especially when your claim is contested. Employers or insurance companies may dispute whether your injury is work-related, delay payments, or minimize your compensation.
An experienced workers’ compensation attorney can guide you through the process and protect your rights. A lawyer can:
- Ensure all paperwork is filed accurately and on time.
- Negotiate with insurers to secure fair compensation for lost wages and medical care.
- Represent you during disputes with your employer or their insurance company.
- Advocate for additional benefits, such as vocational rehabilitation or permanent disability compensation.
Legal support is particularly critical if your claim is denied or if benefits are prematurely terminated. An attorney can help you appeal the decision and strengthen your case.
Work With an Experienced Local Lawyer in Louisiana
Your health and well-being need to come first. If you are hurt while working or find out an illness you are suffering is the result of your job, you will want to seek compensation.
We can connect you with a local attorney or one across Louisiana state lines.
Submit a request online or call us at (866) 345-6784 to find a workers’ compensation lawyer today!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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