Vocational Rehabilitation experts are retained by Employer or Insurer to help identify suitable alternative employment for an Employee following a work injury. Generally, they offer assistance to employees trying to return to the workforce. On the other hand, their findings of suitable alternative employment may be used by Employer or Insurer to reduce or terminate the payment of indemnity (wage) benefits.
Under Federal Law, the Family and Medical Leave Act requires some Employers to hold your job for up to 12 weeks. However, once you have been out of work for an extended period of time, it is under the employer’s discretion whether or not to allow you to continue working for the company. However, your employer cannot terminate your employment due solely to your filing of Workers’ Compensation claim.
Settlements are possible but not guaranteed. They are optional. Employees can agree to a settlement or leave their claim open. On the other hand, Employers can offer a settlement or continue to pay the claim as prescribed by law. Our lawyers can advise you as to whether you should consider settlement, determine the appropriate value of your claim, and assist you in negotiating with the Employer or its Insurer.
It depends. There are different prescription periods or time limits for filing a Disputed Claim for Compensation (workers’ compensation lawsuit). One of our experienced lawyers will be able to give you the proper time frame for your case. Generally, claims must be filed within 1 year of your accident if no benefits have been paid. There are exceptions to this rule.
If there are opposing medical opinions regarding your ability to return to work or your medical condition, the Louisiana Workforce Commission can appoint an independent medical examiner who is a licensed specialist to examine the claimant-employee. The employer will have to pay for the Independent Medical Examination.
Yes, you can. You can collect Social Security Disability benefits and even Social Security Retirement benefits while receiving workers’ compensation benefits. However, your Social Security Benefits may be offset (reduced) while you are receiving workers’ compensation benefits. There are ways to maximize your recovery when collecting both Social Security and Workers’ Compensation Benefits. Please contact our lawyers to determine your best options.
The Louisiana Workers’ Compensation Act requires Employers to authorize and pay for any emergency treatment if you are injured in the course and scope of your employment. Following your initial treatment, the Employer or its insurer is responsible for authorizing you to follow up with a physician of your choice in any field or specialty that you need. The Employer or its insurer must then authorize all related medical treatment, so long as the treatment complies with the Louisiana Medical Treatment Guidelines. By law, all medical treatment should be authorized and/or paid within 60 days from date the Employer received written notice thereof.
The Louisiana Workforce Commission Medical Director shall determine whether treatment prescribed is in compliance with the standards of the Louisiana Workers’ Compensation Guidelines. If treatment is denied for being outside of the Medical Treatment Guidelines, an appeal may be filed with the Medical Director. There are strict deadlines for appealing denials of medical treatment. Please contact our lawyers immediately if your medical treatment has been denied, so we can help you with any appeals.
Death benefits may be payable if an employee dies in the course and scope of his employment or if his death was the result of complications from a work injury and/or treatment for a work injury. A surviving spouse and dependents of the deceased are the first in line for payment fo death benefits. Parents of the employee who passed away will be the beneficiaries in the absence of a spouse and/or dependents. Aside from indemnity or wage benefits, funeral expenses are covered by the employer’s insurance company in an amount not exceeding $8,500.
You are entitled to Supplemental Earnings Benefits (SEB) if your injuries prevent you from earning at least 90% of the pre-injury wages. Supplemental Earnings Benefits are paid weekly or monthly for a maximum of 520 weeks unless it is established that you can return to your pre-injury job or that you can earn at least 90% of your pre-injury wages.
Please contact our lawyers to determine if you are entitled to Supplemental Earnings Benefits.
If you unable to return to any type of work in any capacity as a result of your work injury, you are temporarily totally disabled. You are entitled to receive Temporary Total Disability Benefits (TTD).
If it is established that you are temporarily totally disabled, you are entitled to 66 2/3% of your average weekly wage subject to a maximum amount.
Click here for the maximum compensation rates.
For example, if you were injured on January 15, 2017, and you had an average weekly wage of $1,200.00, your Louisiana Workers Compensation Temporary Total Disability benefit would be $657.00 per week. This is the maximum weekly benefit you can receive when you are temporarily totally disabled.
In another example, if you were injured on January 15, 2017, and you had an average weekly wage of $500.00, your Louisiana Workers Compensation Temporary Total Disability benefit would be $333.33 per week.
There is also a minimum compensation for total disability, but in any case, where the employee was receiving wages at a rate less than the applicable minimum compensation, the compensation shall be the employee’s actual “wages”.
Temporary Total Disability Benefits are paid weekly or bi-weekly depending on how you were paid while working. The first payment is due within fourteen days of the date you become disabled.
Our lawyers can provide you any further questions you have about Temporary Total Disability Benefits.
Yes, many illnesses and occupational diseases are also covered by the Louisiana Workers’ Compensation Act. Our lawyers can advise you as to whether your illness or occupational disease is covered by the Louisiana Workers’ Compensation Act.
The Louisiana Workers’ Compensation Act can cover all types of injury, including physical or mental, as long as the injury arises in the course and scope of employment. However, the burden of proof is different depending on whether someone is physically injured or mentally injured. Our lawyers can advise you as to whether your injury is covered by the Louisiana Workers’ Compensation Act.
The Louisiana Workforce Commission is the administrative body in charge of implementing the Louisiana Workers’ Compensation Act, among other things. You may visit www.laworks.net to obtain further information about the Commission.
Almost every employee in the state of Louisiana can be entitled to Workers’ Compensation benefits from the time they are hired, whether full-time or part-time. Subcontractors and third-parties that are outsourced may be considered employees depending on the unique circumstances of their relationship with the said employer. There are very few exemptions. Our lawyers can advise you as to whether or not your employer is exempt.
The State of Louisiana, through the Louisiana Workers’ Compensation Act, created Workers’ Compensation as the legal remedy and safeguard afforded to an employee who is injured or becomes ill in the course and scope of his employment. Employers are required by law to be prepared to pay workers’ compensation benefits to an employee provided that the injury and/or the illness arises in the course and scope of the employee’s employment. Employers are required to carry workers’ compensation insurance to cover workers’ compensation expenses. There are few exceptions to these requirements.
An employee may be entitled to payment for medical treatment, indemnity (wage) benefits, and even death benefits among others. Our lawyers will evaluate your case to determine what benefits you may be entitled to.