A brief guide to Louisiana workers compensation laws
All employers are required to maintain some form of insurance. A business or employer which does not retain some form of workers compensation insurance in Louisiana is in violation of the law. If you are injured on the job, Louisiana workers compensation laws detail the steps by which you may receive compensation.
It is not relevant if you were injured as the result of your own actions. Louisiana workers compensation law allows for you to receive compensation regardless. However, this will limit your ability to file a lawsuit at a later date.
When you are injured, you should submit a written report of the incident to an employer within 30 days in order to make sure that you do not lose your rights as detailed by Louisiana workers compensation law. Your claim will be evaluated by workers compensation insurance in Louisiana and you may be immediately compensated for your medical expenses. Accepting any such payment will not prevent you from going to civil court at a later date to seek further compensation.
There is one important exception under Louisiana workers compensation laws which you should be aware of. Sometimes, an employer or their insurance company may offer you a one-time financial compensation package. If you accept this so-called Section 32 agreement, Louisiana workers compensation law forbids you from seeking further financial assistance at a later date related to unexpected medical expenses or other concerns. Consult with a lawyer before accepting any such offer from workers compensation insurance in Louisiana.
Louisiana workers compensation laws state that you have the right to be examined by the physician of your choice. An employer who claims otherwise is violating the law. However, you should be aware that Louisiana workers compensation law also allows a company to order you to visit another physician for a second opinion. Should this medical professional's report differ from the one you receive from the doctor of your choice, workers compensation insurance in Louisiana may be decreased in the size of the aid you receive.
It is important that you return to work as soon as possible. Under Louisiana workers compensation laws, you risk losing any aid if you fail to do so. Workers compensation insurance in Louisiana may also be denied if a company or business claims that any damage done to you is the result of a pre-existing condition rather than the consequence of an on the job injury. These serious charges could result in a denial of benefits. In addition, accusations of such fraud under Louisiana workers compensation law may result in criminal charges.
If these kinds of accusations are raised against you, you will want to hire a lawyer to defend you. You may also decide to find a lawyer at a later date to file litigation related to Louisiana workers compensation laws. For example, if you feel the settlement or payments you received were inadequate, you may go to court to request additional financial compensation. If seeking compensation related to an employer's responsibility for an injury, you will pursue personal injury litigation rather than a lawsuit related to Louisiana workers compensation law.