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Louisiana Workers' Compensation Questions & Answers
0 Answers | Asked in Employment Law, Personal Injury, Workers' Compensation and Civil Litigation for Louisiana on
Q: Pro SE asking for instructions on filing 1102 for Workman's Compensation benefits denied owed to me for injury at work,

Telephone status conference set July 12th, 2022. Injured by coworker during employment 10/02/2022. Pro SE Litigant asking to prepare properly for judicial hearings 20-06003, 21-00834

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Louisiana on
Q: if get into a fight at work for defending myself. an i get injured doing the fight by falling and hitting my head.

is my workplace reliable for my injuries? Does my job have to compensate me for my doctor visits?

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 19, 2022

If you were defending yourself, yes. If your job is giving you issues then you need to immediate consult with a workers' compensation attorney, or I recommend that you go ahead and do so---most in this area of practice will provide you a free consultation. Good luck.

1 Answer | Asked in Personal Injury, Workers' Compensation, Criminal Law and Civil Rights for Louisiana on
Q: Exceptions to Workers’ Compensation Immunity

I got ran over by a garbage truck and the person drug test came back positive for cocaine the same day and he got fired. Would that fall into intentional tort because he knew what he was doing was wrong and he could injury someone while driving high, especially a commercial vehicle?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 8, 2022

I hope that you are okay. In answer to your question, not likely. If you were injured as a result of the collision with the garbage truck, then you should contact a personal injury/accident attorney in your area to discuss the specifics of your matter----attorneys in this area of practice almost... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Louisiana on
Q: I injured myself at work lifting a lot of weight. I pulled a muscle in my neck and it's pinching a nerve

It's causing my arm to feel numb 24/7. I was intemidated by the boss to act like it didn't happen at work. I was fired because I didn't get a piece of paper signed by my doctor which I couldn't because the lockdown was in effect

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 31, 2021

But what is your question? If you are wondering as to your legal rights, then in what capacity? Wrongful termination--then search for a labor/employment lawyer in your area to discuss. Worker's compensation claim---then search for a worker's compensation lawyer in your area to... Read more »

1 Answer | Asked in Car Accidents and Workers' Compensation for Louisiana on
Q: Involved in a not at fault mva while in my person vehicle on the job.

Is it legal for workers comp adjuster to have you do mediation and sign papers right after anesthesia? Is it legal for an attorney to have you sign papers while heavily medicated? Is it legal for an attorney to threaten your career and tell you not to go to trial because the big company will eat... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 4, 2020

You really need to discuss this situation with a Louisiana attorney because it is fact-intensive, but your post remains open for three weeks. You raise a number of compelling issues that go to the matter of whether you had full capacity when you signed. The only way to demonstrate the validity of... Read more »

1 Answer | Asked in Workers' Compensation for Louisiana on
Q: What do I do if a package hit me in the head while loading trucks at UPS?

I am a package handler at Ups and while picking up a package from off of the ground a heavy package came down the belt and struck me in the back of the head. It initially made me dizzy, but i tried to shake it off and continue back to work. The next I went back to work and I had a slight headache... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 14, 2019

I hope you're doing better since the accident. Instead of guessing about what WC provides in terms of benefits, why not contact a workers' comp attorney. Many offer free initial consults and they could outline your rights, benefits, and applicable timelines you need to be concerned with.... Read more »

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Civil Litigation for Louisiana on
Q: Can I sue employer for attack by co worker which lead to my termination after I reported prior incidents

I had a co worker try to choke me which lead to us wrestling. I was then told I’d be terminated based on a 0 violence policy so I asked if I could resign instead so this wouldn’t be on my employee record but I reported the coworker aggressive behavior 3x prior on 3 separate occasions and asked... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 2, 2019

File a criminal complaint. Then call an employment attorney.

1 Answer | Asked in Workers' Compensation for Louisiana on
Q: Hurt myself at work , reported but they are telling me to just file on my insurance. What are my options?

Injury is resulting in small surgery they say there is no need to fill out workers comp paperwork.

Robert Hallack
Robert Hallack
answered on Jul 10, 2019

If you were injured at work, your best option is to consult with an experienced Workers Compensation attorney. You may be entitled to recover loss wages and more. There are some firms, including myself, who offer free consultations and will meet with you and answer any questions you may have.

1 Answer | Asked in Workers' Compensation for Louisiana on
Q: workers comp case active. Nurse injured on 5/29/19. Case being handled poorly, still no treatment plan from doctors.

I’m extreme pain w back injury. CT showed 4 fractures in spine. Adjuster is taking a week between each step of scheduling md appts, MRI, etc. still no treatment plan. It’s been 3 weeks and no plan. Fractures will heal deformed and ability to return to work is decreasing. Was supposed to have a... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jun 20, 2019

You should call and speak with an attorney that handles worker's compensation matters. Give me a call, and I'll be happy to discuss the matter with you further. By the way, Nurse Case Managers aren't there to help you; their job is to help the insurance company.

1 Answer | Asked in Workers' Compensation for Louisiana on
Q: Maci is a waitress at a bar.b She is required to be at the bar promptly at 5:45 for a pre-staff meeting.

While on her way she was involved in a motor vehicle accident. She was not at fault. Maci suffered soft tissue injuries. Did Maci suffer a compensable injury pursuant to Louisian Workers comp guidelines? Why or why not?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Mar 19, 2019

Generally, someone is not entitled to worker's compensation benefits if injured traveling to or from work. While there are some exceptions to the rule, your scenario does not appear to apply to any of them.

1 Answer | Asked in Workers' Compensation for Louisiana on
Q: Can workers comp force a person to have surgery? My injury occurred on the job I was hit by a personal vehicle.
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Feb 25, 2019

It is possible. If surgery is the only reasonable option, then the Workers Compensation Commission may order you to have the surgery. However, if there are other more conservative options, then you may not have to do this. You can contact me or another experienced Virginia Workers Compensation... Read more »

1 Answer | Asked in Workers' Compensation for Louisiana on
Q: My husbands employer is trying to attend doctor's visits with him. Are they allowed to do that?

He was injured on 9/29/18.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 3, 2018

They are only allowed if he chooses to consent to it. If he doesn't want the nurse case manager (or rehab nurse) to attend, all he has to say is NO.

1 Answer | Asked in Workers' Compensation for Louisiana on
Q: Is their any penalties by Louisiana Law If I do not receive my lump sum settlement check within 30 days?

I know when the Judge signed off on the settlement and in 6 days it will have been 30 days.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Sep 19, 2018

Worker's comp settlements have to be approved by the worker's compensation judge. Settlement funds have to be paid within 30 days of approval of the settlement. However, indemnity benefits usually are payable until the settlement is approved.

1 Answer | Asked in Employment Law and Workers' Compensation for Louisiana on
Q: Can my employer make me work when I have a doctors note stating off work/no work duty until seen by orthopedic?

This is a workers comp case in Louisiana and I don’t know what to do. I feel I should not work because the doctor orders state no work. I let the owner know and she told me I had to cover my shift tonight because she didn’t have anyone else too. I feel like she is trying to make me feel... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Sep 17, 2018

If you were injured at work and your treating physician takes you off of work due to the injury, your boss cannot force you to work and cannot fire you due to your refusal.

1 Answer | Asked in Workers' Compensation for Louisiana on
Q: Are both the primary employer and statutory employer required to both have workers comp insurance
Douglas Lee Bryan
Douglas Lee Bryan
answered on May 22, 2018

Not necessarily. It depends on the terms of the contract between them as to who is responsible for providing coverage.

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... Read 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... Read 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
PREMIUM
David Alan Wolf
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... Read 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
PREMIUM
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... Read more »

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