Louisiana Workers' Compensation Questions & Answers

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.

1 Answer | Asked in Workers' Compensation for Louisiana on
Answered on Mar 19, 2019
Douglas Lee Bryan's answer
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.

Q: Can workers comp force a person to have surgery? My injury occurred on the job I was hit by a personal vehicle.

1 Answer | Asked in Workers' Compensation for Louisiana on
Answered on Feb 25, 2019
Jerry Lutkenhaus' answer
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 lawyer for further legal advice about your situation.

Q: My husbands employer is trying to attend doctor's visits with him. Are they allowed to do that?

1 Answer | Asked in Workers' Compensation for Louisiana on
Answered on Oct 3, 2018
Douglas Lee Bryan's answer
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.

Q: Is their any penalties by Louisiana Law If I do not receive my lump sum settlement check within 30 days?

1 Answer | Asked in Workers' Compensation for Louisiana on
Answered on Sep 19, 2018
Douglas Lee Bryan's answer
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.

Q: Can my employer make me work when I have a doctors note stating off work/no work duty until seen by orthopedic?

1 Answer | Asked in Employment Law and Workers' Compensation for Louisiana on
Answered on Sep 17, 2018
Douglas Lee Bryan's answer
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.

Q: Are both the primary employer and statutory employer required to both have workers comp insurance

1 Answer | Asked in Workers' Compensation for Louisiana on
Answered on May 22, 2018
Douglas Lee Bryan's answer
Not necessarily. It depends on the terms of the contract between them as to who is responsible for providing coverage.

Q: Do a victim have the right to hire a mediator to mediate settlement in workers comp cases?

1 Answer | Asked in Arbitration / Mediation Law and Workers' Compensation for Louisiana on
Answered on Mar 11, 2018
Douglas Lee Bryan's answer
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 claimant doesn't have a right to a settlement.

Q: My employer lied about the cash he pays me to workman comp. This effects my weekly benefits what canI I do?

1 Answer | Asked in Employment Law and Workers' Compensation for Louisiana on
Answered on Oct 30, 2017
Douglas Lee Bryan's answer
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.

Q: If I am scratched by someone, can they give staph infection. And who is at fault for giving infection if affects my work

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Louisiana on
Answered on Aug 8, 2017
Peter N. Munsing's answer
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.

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?

1 Answer | Asked in Personal Injury and Workers' Compensation for Louisiana on
Answered on Aug 4, 2017
David Alan Wolf's answer
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 compensation coverage. Good luck.

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?

1 Answer | Asked in Workers' Compensation for Louisiana on
Answered on Jun 23, 2017
S. Michael Graham's answer
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 stay in Louisiana for your medical treatment. It is difficult, but not impossible, to find a Louisiana doctor willing to treat you under Texas workers' compensation rules. Let me know if I can help.

Q: i need to know what this title 23 entails for me to get workers compensation for my home improvement business.

1 Answer | Asked in Business Formation, Business Law and Workers' Compensation for Louisiana on
Answered on May 22, 2017
Christie Tournet's answer
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 from your work. The General liability and workers' compensation policies also protect you in the event of such claim/suit. You should call an insurance agent and inquire about starting prices for...

Q: My insurance has denied a medical surgery procedure.

1 Answer | Asked in Insurance Bad Faith, Personal Injury and Workers' Compensation for Louisiana on
Answered on Dec 13, 2016
Peter N. Munsing's answer
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.

Q: Is there a statue of limitations on filing a workman's comp. claim for a re-injury from a previous wc injury?

1 Answer | Asked in Workers' Compensation for Louisiana on
Answered on Oct 11, 2012
Timothy J. Deffet's answer
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 limitations may be at issue.

Q: On workers compensation light duity can I except employment with an other company and still recieve medical compensation

1 Answer | Asked in Workers' Compensation for Louisiana on
Answered on Feb 18, 2012
Jerry Lutkenhaus' answer
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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