Louisiana Workers' Compensation Laws
- Employees in Louisiana who suffer from a physical or mental injury while on the job or doing work-related duties may be eligible to receive workers' compensation benefits. It is the responsibility of the employer or insurer to provide the worker with medical care as well as wage compensation to those who qualify. Civil and criminal penalties may be imposed on an employer, worker or any other individual who tries to obtain or defeat a workers' compensation benefit fraudulently.
- A worker must report his injury or illness immediately. Any worker who fails to report the injury within 30 days may lose his eligibility to receive workers' compensation benefits in Louisiana. An employer must be kept up-to-date on the worker's condition. In addition to having his medical bills paid, a worker may receive compensation for his lost wages. A worker must miss more than seven consecutive days because of the injury to receive compensation benefits. Benefits are typically paid out the eighth day after the injury. Eligible dependents of the worker generally receive benefits if the worker dies as a result of the injury.
- A worker is allowed to receive medical attention immediately at the expense of the employer's insurance provider. An injured worker who receives workers' compensation in Louisiana has the right to choose his physician. The injured worker may also switch from one specialty of care to another. Any care provided to a worker that exceeds $750 may need the approval of the workers' compensation insurer or employer unless it is an emergency situation. An employer may request the injured worker be examined by a physician of its choice. Any employee who refuses to submit examinations within reason may have his workers' compensation benefits temporarily suspended as a consequence.
If the employer's physician of choice and the worker's physician disagree on his medical condition, the worker has the right to request an independent medical examination by another physician (chosen by the director of workers' compensation in Louisiana). If an injured worker receives a bill for his injury, he should forward the bill on to the insurance carrier or his employer. - Louisiana law does not permit a worker receiving workers' compensation to work another job while receiving benefits. If the worker is not well enough to perform her regular job because of the injury, she may not work elsewhere. Failing to report an additional income to worker's compensation is considered fraud, and she may lose her benefits and be prosecuted by the court of law. Other types of workers' compensation frauds include receiving both unemployment insurance benefits and workers' compensation benefits unless the worker is receiving permanent partial disability payments. Employers willfully concealing information that prevents an injured worker from receiving workers' compensation benefits are committing fraud and may be reported to a fraud investigator with the Louisiana Workers' Compensation Corporation.