Three new Louisiana laws addressing workplace violence, workers’ compensation reform, and employer investigative powers are set to take effect in August. Shannon Dartez, a trial attorney with the Glenn Armentor Law Corporation, recently joined MidDay with Darla on KADN News 15 to explain what these laws could mean for workers, employers, and injured employees across Louisiana.
The laws include Act No. 342, known as the Louisiana Behind the Counter Act; Act No. 766, which begins the process of reforming Louisiana’s workers’ compensation medical fee schedule; and Act No. 648, which changes how employers and workers’ compensation insurance companies may gather information on injured workers.
Louisiana Behind the Counter Act
The first new law, Act No. 342, was authored by Rep. Dixon McMakin of District 68 and is known as the Louisiana Behind the Counter Act.
This law increases criminal penalties for violence against employees in retail and food establishments. It also allows business owners to post a warning in a prominent place inside their establishment stating that workplace violence against an employee is a crime and may result in arrest and criminal conviction under Louisiana law.
Dartez explained that the act is designed to help make retail and food service employees safer while they are on the job.
Workers’ Compensation Medical Fee Schedule Reform
The second measure, Act No. 766, was authored by Sen. Brach Myers of District 23 and focuses on reforming Louisiana’s workers’ compensation laws.
Dartez explained that Louisiana’s workers’ compensation medical fee schedule, which governs what doctors and healthcare providers are paid when treating injured workers, had not been updated in 30 years.
This new law begins the process of collecting data and revising the fee schedule. Dartez noted that the goal is to hopefully bring more doctors into the workers’ compensation system and improve access to acceptable healthcare for workers injured in Louisiana.
Employer and Insurance Company Investigative Powers
The third measure, Act No. 648, was authored by Rep. Emily Chenevert of District 66. This law changes how employers and workers’ compensation insurance companies may gather information on injured workers in Louisiana.
Dartez explained that the act gives employers and insurers the ability to sue an injured worker at any time for any reason in order to gain investigative and subpoena power.
Because of this, Dartez urged injured workers to be aware of their rights under the new law.
“Injured workers need to know that litigation processes and rules must be followed if they find themselves in this situation,” Dartez stated. “They should immediately hire a lawyer to help them with our complicated system so that their rights are not compromised.”
Injured Workers Should Know Their Rights
Workers’ compensation and employment-related laws can be difficult to understand, especially when someone is already dealing with an injury, medical treatment, missed work, or pressure from an employer or insurance company.
With these new laws taking effect, injured workers should be careful before signing documents, responding to legal requests, or trying to handle the process alone.
If you have been injured at work or have questions about your rights under Louisiana workers’ compensation law, contact the Glenn Armentor Law Corporation today for a free consultation.
