Workers compensation is a system of laws meant to protect injured and disabled workers. The goal is to make sure someone injured at their workplace gets adequate medical care, lost wages relating to the on-the-job injury, and, if necessary, and any retraining necessary to restore them to the workforce.
If workers are killed on the job, members of the workers' families are typically eligible for workers compensation benefits. Injured workers may want to consult an attorney for advice in protecting their benefits and defending against any attempt to prematurely terminate their benefits.
Louisiana mandates compulsory workers comp insurance, meaning that employers must provide worker's compensation insurance for their employees. It may be provided through a state fund, a private insurance carrier, or employers may self-insure. Waivers may be permitted in some cases.
Only certain unincorporated private farms with low annual earnings and domestic servants are excluded from the state worker's compensation act.
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Employees are allowed to make the initial choice of physician and full benefits are provided with no time or monetary limits.
Temporary total disability payments are a percentage of the worker's wage and continue for the duration of the disability. They are subject to unemployment insurance benefit offsets.
Permanent total disability payments are calculated as a percentage of the worker's wage and typically continue for the duration of the disability. Benefits are offset by Social Security benefit.
Permanent partial disability benefits are allotted based on a percentage of the worker's wage and may continue for up to 520 weeks.
A court may award benefits in addition to total temporary disability benefits. These additional benefits start upon the termination of the total temporary disability benefits. Scheduled awards will be reduced because of receipt of total temporary disability benefits.
Benefits may also be available for serious and permanent disfigurement, and physical and vocational rehabilitation benefits are also available. Within applicable constraints and filing deadlines, occupational hearing losses may be covered as well.
An employee's surviving spouse, or spouse and children may collect death benefits, based upon a percentage of the employee's wages and subject to a cap. A burial allowance is also available.
Louisiana workers compensation laws stipulate that attorney fees for claimants are limited to 20%.
If you have questions or concerns regarding worker's compensation in Louisiana, contact an attorney who can help.