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Louisiana Workers' Compensation Questions & Answers

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 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 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 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 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 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 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 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 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 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 case, and a... 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 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 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 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 worker's... 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 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 can... Read 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 apply... Read more »

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... Read 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 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 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... Read 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 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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