No. Louisiana law prohibits an employer from withholding any premium amount from an employee.

No. Your employer’s workers’ comp policy will cover all your medical costs, as well as your lost wage benefits, if you miss more than seven days of work.  However, if your claim is disputed your personal health insurance has to provide coverage.

Employers in Louisiana are required to display a poster visible within the workplace that provides the name and contact information of their workers’ comp insurance carrier. If you don’t see this poster, select the “Coverage Verification” search tool on the laworks.net website to find your employer’s carrier.

If you’re injured on the job and your employer doesn’t carry workers’ comp insurance—and refused to acknowledge your injury—complete Form 1008 (Disputed Claim for Compensation) and file it immediately with the Workers’ Comp District Office nearest you.

You can report it anonymously to the Office of Workers’ Compensation, and fill out an online fraud report form.  You could also be entitled to additional benefits because of your employer’s failure to obtain insurance.

Initially, there is a seven-day waiting period during which time you’ll receive no benefits. The first payment is usually paid two weeks after your employer has been informed of your loss of income due to a work-related injury. However, if more than fourteen consecutive day pass without payment, you will be paid for that seven-day waiting period.

No. Under Louisiana law, your employer cannot terminate your employment because you filed a claim. On the other hand, your employer is not required to keep your job open for you, or make one available once you’re able to return to work.  If you think this has occurred you need to hire a lawyer.

Yes. You should be reimbursed for expenses that are reasonably and necessarily incurred (such as related services, medicines and prosthetic devices). To be sure, always itemize and submit those expenses to your workers’ comp insurance carrier or claims adjuster.

One option is to file Form LWC-WC 1008 (Disputed Claim for Compensation), an administrative law proceeding through one of ten offices in Louisiana. The process could take up to nine months, and longer if the case is appealed.  We highly recommend getting a lawyer to file a 1008.

It depends on your compensation at the time of your injury. There’s no formula to determine the settlement value of your workers’ comp claim.

No. Some employers may have a job study or survey to help you find an available job in your area, as long as your new duties are approved by your physician.  WE CANNOT EMPHASIZE ENOUGH THE NEED TO GET A LAWYER IF YOUR EMPLOYER IS TRYING TO LOCATE ANOTHER JOB FOR YOU.

It’s not required, but due to the complexities of the workers’ comp process, it could be in your best interest to do so. We suggest you contact us as early as possible during the process of your claim.

If any illness or injury is found to be job-related, you may be entitled to medical care, disability compensation for a portion of your wages and rehab services. In case of death, benefits may be payable to your survivors.

We will try to assist you and your family in these situations as best we can. Additionally, assistance such as food stamps may be available through social services, or you may contact local charities or churches in your area.  But the bottom line is it is tough and you will need a lawyer to make the process go as quickly as possible.

It’s when the employer/insurer agrees to pay the present value of the disputed claim at once, and his/her future obligations to the injured workers are fully and finally released. To determine the value, the sum of payments owed the claimant may not be discounted at a rate greater than eight percent per annum.

We can assist you in valuing and settling your claim.

Contact your employer or their insurance carrier. If the problem isn’t resolved, contact your nearest District Office. You may also want to file a disputed claim for compensation (Form LWC-WC 1008).

These benefits are paid by your employer if he is self-insured, or by his workers’ comp insurance carrier. Some employers are exempt from paying your benefits, but none are paid by OWCA.

No. Unless you are getting permanent partial disability payments, you cannot get workers’ comp and unemployment benefits at the same time.

Yes. If you have a work-related injury and cannot perform your normal job, you cannot get another job, but could try to work at a less strenuous job within any restrictions given to you by your doctor.

If you are reassigned to a job with less physical demands, you must report any income to your employer and/or insurer. Failure to do so while receiving workers’ comp benefits could result in civil and/or criminal prosecution.

Workers’ Comp Fraud:

• When someone intentionally conceals information, or makes a false statement so they can receive benefits
• Preventing someone from receiving benefits they may be entitled to

If you think someone is guilty of workers’ comp fraud, or even if you’re not sure, contact the LWC Fraud Section in your region.

Contact the LWC Fraud Section, call 1-800-201-3362, or fill out the online form at wcfraud@lwc.la.gov. You are not required to give your name when making a report, and you will remain anonymous.

Yes. You may choose the physician you want to treat you, and you may switch from area of care to another without the approval of your employer or their insurer. However, if you switch from one physician to another within the same field of specialty, you must first ask for permission.

Send those bills to your employer or their insurance carrier.  If they refuse to pay you will need a lawyer to make them pay.

If this occurs, you may be entitled to an independent medical exam.  We can tell you if it is an option and walk you through that process