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Louisiana Workers' Compensation Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law and Workers' Compensation for Louisiana on
Q: Do a victim have the right to hire a mediator to mediate settlement in workers comp cases?

The victim has went through 2 major back surgery over an 8 year period. She has complied with all recommended treatments. She feels her attorney is under scoring the settlement.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Mar 11, 2018

Every Office of Worker's Comp in Louisiana has a mediator on staff whose services are available free of charge. You can certainly ask your attorney to propose mediation with the employer or its w/c carrier. Keep in mind that an employer does not have to settle a worker's compensation... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Louisiana on
Q: My employer lied about the cash he pays me to workman comp. This effects my weekly benefits what canI I do?

He pays me 40 hours on check the rest in cash with no overtime I'm making a 1/3 of what I used too instead of 2/3

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 30, 2017

You would have to have proof of the extra payments to show worker's compensation. Of course, there's the possibility of your incriminating yourself, if you weren't paying taxes on the extra money you were receiving.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Louisiana on
Q: If I am scratched by someone, can they give staph infection. And who is at fault for giving infection if affects my work

A client was on monthly cycle scratched herself when I went to clean she sunk her nails in my skin now I suffer from MRSA. I never had problems before she started scratching now I get infections in my eyes, neck, nose, a culture was done came back as MRSA. I am in medical field and I have missed a... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 8, 2017

Contact an attorney who handles workers compensation. Its possible this could also be what is called an occupational disease claim. You may have short term disability at work and want to check that out.

1 Answer | Asked in Personal Injury and Workers' Compensation for Louisiana on
Q: I broke my arm at work .Faulty safety equipment . now the casino doesn't want to even cover Dr.bills .what can I do?
David Alan Wolf
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answered on Aug 4, 2017

You have a worker's compensation to pursue. Typically, fault does not matter on worker's compensation cases. Louisiana has some fairly strict procedures and timing requirements. Do not wait any longer to consult with a local attorney. Hopefully, the employer carried the required... View More

1 Answer | Asked in Workers' Compensation for Louisiana on
Q: My job's office is in Texas but we're in Louisiana doing a job when I was hurt can I get benefits in Louisiana?
S. Michael Graham
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S. Michael Graham
answered on Jun 23, 2017

I'm not a Louisiana licensed lawyer, so you will need to consult with a lawyer licensed by the Louisiana bar to see if they would have concurrent jurisdiction over your claim. If you were hired or recruited in Texas then Texas will have jurisdiction. You can file your claim in Texas, and you... View More

1 Answer | Asked in Business Formation, Business Law and Workers' Compensation for Louisiana on
Q: i need to know what this title 23 entails for me to get workers compensation for my home improvement business.

I'm starting a home improvement LLC. To register with the state licensing board for contractors I need proof of at least $100,000 in liability insurance and workers compensation insurance in accordance with title 23 of LA revised statutes of 1950. I need to know what that entails for when I... View More

Christie Tournet
Christie Tournet
answered on May 22, 2017

The state licensing board wants to see that you are qualified (its test requirement) and have some, limited assets - including the financial starting funds and insurance policies -- to protect not only any workers that you hire (or that are uninsured), but also any third person that might be harmed... View More

1 Answer | Asked in Insurance Bad Faith, Personal Injury and Workers' Compensation for Louisiana on
Q: My insurance has denied a medical surgery procedure.

If I hire an attourney and it is proven that I do need this procedure, do I pay out of pocket or does my insurance cover my attourney costs.

Peter N. Munsing
Peter N. Munsing
answered on Dec 13, 2016

Depends on your state's law regarding "bad faith" . Contact a member of the Louisiana Assn for Justice who handles insurance bad faith. In the meantime be sure they put the reason for their denial in writing.

1 Answer | Asked in Workers' Compensation for Louisiana on
Q: Is there a statue of limitations on filing a workman's comp. claim for a re-injury from a previous wc injury?
Timothy J. Deffet
Timothy J. Deffet
answered on Oct 11, 2012

Each state has their own law. You should contact a California attorney. In some states it is a good idea to file a new case on the aggravation and then consolidate the current case if one is filed. I only practice in Illinois. You should contact a LA attorney immediately because statute of... View More

1 Answer | Asked in Workers' Compensation for Louisiana on
Q: On workers compensation light duity can I except employment with an other company and still recieve medical compensation
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Feb 18, 2012

If you are on WC benefits, then obtaining a light duty job would reduce these benefits. You should check with a lawyer in your state to see if this would be the case in your state. I have practiced WC law in Virginia for 35 years.

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