Louisiana Workers Compensation Lawyer

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Employment rights are constantly being redrafted and altered, but one thing remains constant: an employee\'s right to workers\' compensation. In Louisiana, that means workers have the right to a determined amount of income when incurring work-related injury or illness.

In Louisiana, workers\' compensation is compulsory, meaning the injured have a certain amount of time to file a claim—30 days in Louisiana. It is the employer's responsibility to provide the employee or the employee's family with medical and disability benefits due to a job-related injury or death.

Most agricultural employees are covered by workers\' compensation in the state of Louisiana. Domestic servants are not covered.

In Louisiana, workers\' compensation insurance coverage may be provided through a private insurance company or through a state fund. Also, some employers choose to be self-insured. In any circumstance, employees are entitled to receive workers\' compensation.

An employer should report a job-related injury within 30 days. Failure to do so can lead to the claim being dismissed. There is no risk involved in reporting even the smallest of injuries; if an employee files a worker's compensation claim, the employer is not allowed to terminate employment by law.

An injured employee will receive an Employees' Certificate of Compliance after the Office of Worker's Compensation Administration has received the employer\'s report of an injury. The certificate explains the rights of an employee.

There are no time or monetary limits regarding medical benefits for those who are entitled to workers\' compensation in Louisiana. Occasionally there are situations in which the employer chooses the physician for the employee. Employee medical bills should be sent to either their employee or the insurance carrier. Mileage reimbursement is available for trips to a physician.

Most workers\' compensation laws also provide employers and co-workers with a specific level of protection. This is made possible by putting a cap on the amount an employee can receive from an employer. This level of protection is also accomplished by prohibiting the ability of the employee to sue their co-workers. Workers\' compensation acts as a no-fault system wherein an injured worker\'s own negligence, or that of the employers, is not put at the fore front, but rather the employee is simply covered for those injuries sustained at the work site.

Lump sum settlement is allowed in the state of Louisiana.

For temporary total disability (TTD), permanent total disability (PTD), and permanent partial disability (PPD), payments are a percentage of the employee's weekly wages. In certain circumstances, payments cannot exceed a set weekly maximum amount. Payments for TTD and PTD can last as long as the employee is disabled. Unemployment benefits may alter TTD payments. Social Security benefits may alter PTD payments. Along with TTD benefits, awards may be paid. A reduction in awards will occur due to TTD benefits.

In the state of Louisiana, physical and mental rehabilitation benefits are usually provided for the injured employee if the employee is eligible for worker's compensation.

If the employee dies as a result of his or her injury, death benefits are given to the employee's spouse or the spouse and his or her children. Death benefits are a percentage of the employee's wages. Death benefits given to the spouse and children can be limited in certain circumstances.

In the state of Louisiana, an employee seeking workers\' compensation is not required to hire an attorney. If an employee chooses to hire an attorney, an attorney's fees are limited by statute to 20 percent of the award that is given to the employee.

In Louisiana, almost half of all workplace injury claims involve those hired during the summer and employees with less than a years experience on the job. Most of these injuries are the result of inadequate training and improper task management.

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