In Louisiana, an employer is required to have workers’ comp insurance. If they do not, they can be fined. So, if a person is working as an employee or independent contractor, they should be covered for workers’ comp benefits. If they are injured on the job, they have a right to receive what we call indemnity benefits, which is 66 and 2/3rd percent of the average weekly wage of that employee or independent contractor. They’re also entitled to receive all medical expenses needed to address the injuries sustained. They are also entitled to vocational training and vocational assistance in their ability to provide future work. If they cannot, then the obligation to pay the indemnity, which is the 66 and 2/3rd percent of the gross average weekly wage, would continue through that period of disability.
What Is The Compensable Injury Under Louisiana Workers’ Comp Law?
Any injury resulting from an “accident” is compensable under Louisiana workers’ comp laws. An accident is the keyword, and in Louisiana, our courts have defined any unexpected act to be an accident. It can be something as simple as bending down to pick something up off the floor. That may not, in normal speak, be an accident, but under Louisiana law, the jurisprudence, that is an accident. It’s an unexpected event that results in injury to the worker. Therefore, a compensable injury would be an injury that stems from an “accident,” and the injury must happen while the person is in the course and scope of their employment. For example, suppose you’re on your way to work, and you get injured on your way to work due to an accident. In that case, that is not considered the course and scope on your way home from work unless you’ve gone and done an errand for the employer.
The Injury Does Not Necessarily Have To Happen On Company Property, Is That Correct?
The injury does not necessarily have to happen on company property to qualify for a workers’ compensation claim. The question is, was the injury related to work carried out for the company?
When Do I Need To Hire A Louisiana Workers Compensation Attorney?
It is best to hire a workers’ compensation attorney early in the process, especially if you fear that it will affect your ability to work in the future. Invariably in Louisiana, you will have employers that have contracts with clinics and doctors, and guess what, when you’re injured, that’s where you go. They send you to their doctor. So, under Louisiana law, an injured worker is entitled to choose their physician, so they have a choice of physician form that they would sign.
For more information on Workers Compensation Law In Louisiana, an initial consultation is your best step. Get the information and legal answers you are seeking by calling (337) 800-1141 today.
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