What is workers’ compensation?
Workers’ compensation is a state-mandated insurance system that provides benefits to employees who are injured while performing their job duties. In Louisiana, an injured worker generally does not have to prove that anyone was at fault. Instead, the employee must show that the injury arose out of and in the course of their employment.
Unlike a personal injury claim, workers’ comp provides limited benefits so you can get treatment and return to work. It is a completely different system, with its own rules and limits.
Get A Free Case EvaluationWhat should you do after a work injury?
There are several important steps you should take after a workplace accident:
- Report the injury to your employer immediately.
- Seek medical treatment.
- Follow your physician’s recommendations and work restrictions.
- Keep records of all correspondence, medical appointments and expenses you pay out of pocket.
- Speak with an experienced workers’ compensation attorney early in the process.
Small mistakes made early in a claim can have significant consequences later.
Get A Free Case EvaluationCan I choose my own doctor?
Generally, yes. In Louisiana you may choose one treating physician in each medical specialty. After that, further treatment usually has to be approved through the Form 1010 process, and a doctor’s recommendation is not automatically approved by the insurance carrier.
What workers’ comp pays, and what it doesn’t
Many injured workers expect to be paid for everything they’ve lost. Workers’ compensation was never designed to do that.
It is designed to “patch you up” and get you back to work, not to make you whole.
Medical treatment
Care for your work injury, generally pre-approved through the Form 1010 process.
Two-thirds of your wages
Usually 66⅔% of your average weekly wage, up to a state maximum, while a doctor keeps you off work. How that wage is calculated matters, so have it checked.
No pain and suffering
Unlike an auto accident or injury claim, workers’ comp does not pay for pain and suffering or everything you’ve lost.
A different system with its own rules
Workers’ comp is an administrative system, not a civil lawsuit. Medical treatment generally has to be pre-approved, disputes go to the Louisiana Office of Workers’ Compensation, and the judge can only decide the specific issue in front of them, so claims can stay open for months or even years.
Delays and denials are common, and small decisions early in a claim can have lasting consequences. Our experienced workers’ compensation trial attorneys handle this process every day, so it’s best to talk with us early.
Get A Free Case EvaluationFrom request to disputed claim
Form 1010 request
Your doctor requests approval for treatment, which goes through utilization review.
Form 1009 appeal
If treatment is denied, the denial typically must be appealed to the Louisiana Medical Director.
Form 1008 disputed claim
Only after that process is complete may the issue go to the Office of Workers’ Compensation through a Form 1008 Disputed Claim for Compensation.
Workers’ comp questions, answered
General answers to questions we hear often. Every case is different, so talk with one of our attorneys about yours.
More frequently asked questionsCan my employer fire me for filing a workers’ compensation claim?
No. Louisiana law prohibits an employer from firing an employee because they filed a workers’ compensation claim. If you believe you were let go or disciplined for asserting your rights, talk to an attorney right away.
Can my family receive benefits if a loved one died from a work injury?
Yes. When a worker dies as a result of a workplace accident, their dependents may be entitled to death benefits.
What if my employer says they don’t have workers’ compensation insurance?
Most Louisiana employers are required to carry coverage. If yours doesn’t, they may face penalties, and you may still be eligible for benefits. Talk with an attorney about your options.
What should I avoid after a workplace injury?
Avoid delaying medical treatment, failing to report the injury, giving incomplete or misleading statements, and ignoring your doctor’s work restrictions. And don’t sign or agree to anything just because you’re told you “have to.” Speak with your attorney first.
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