Workers’ compensation is a valuable legal process for employees injured on the job in Louisiana. Employers have a duty to either carry insurance or self-insure work-related injuries that provides key benefits, including covered medical care, disability payments, vocational rehabilitation, and death benefits. However, the claim process can be complex and difficult to manage as an injured worker. An experienced personal injury lawyer from Kopfler and Hermann can help you or a loved one navigate a claim and advocate for your rights if you are injured. Learn more about filing a workers’ compensation claim in Louisiana below.
After suffering an injury on the job, the first step in filing a Louisiana workers’ compensation claim is to report it to the employer. This initiates the employer’s obligation to report the claim to their insurance carrier or administrator using Form LWC-WC IA-1. The Form requires submission of key information about the injury and the incident. Examples of information required for the Form includes the type of injury, body part affected, where the accident occurred, the equipment or materials involved, and what the employee was doing at the time.
Employees must provide notice to the employer within 30 days to preserve their right to file a workers’ compensation claim in Louisiana. Additionally, an employee must file their claim within one year of the injury’s occurrence.
Employees have the general right to select their doctor for treating all job-related injuries at the employer’s expense after filing a claim. However, non-emergency medical services over $750 require pre-approval by the employer or its insurer using Form LWC-WC 1010. Indemnity benefits are also available in the form of payments for the following, depending on the extent of an injury and its impact on a person’s ability to continue working:
If a workplace injury results in death or the functional loss of a body part, it is likely that an employer will have an obligation to pay additional benefits.
Filing a workers’ compensation claim in Louisiana is only the first step in the process for recovering benefits. An employer may deny or dispute a request for benefits due to disagreement over recommended medical treatment, the disability rating of an injury, or if workers’ compensation covers an employee’s injury. Other issues that could result in a dispute over benefits can include the following:
An employee or employer that wishes to raise a dispute over benefits will do so using Form LWC-WC-1008.
Filing a workers’ compensation claim in Louisiana is important for preserving the right to benefits for covered injuries. Kopfler and Hermann can assist you in filing a claim, confirming the accuracy of benefits provided under claim, or representing your interests in a dispute. Schedule a free case review with our team today.
