Workers’ compensation provides employees with medical benefits and wage replacement if they have a job-related injury or illness. It protects employees regardless of who is at fault for the injury, as long as it was work-related and the employee was not violating company policy or breaking the law at the time it occurred.

Most employees are protected under workers’ compensation laws in Louisiana, whether employed full-time, part-time, seasonally, or as a contractor. Common exceptions are domestic workers and government employees.

An employee may be entitled to compensation even if the injury occurs outside the workplace, such as when traveling for work or attending a work social function.

Workers’ compensation claims are paid for by the employer or the employer’s workers’ compensation insurance. Louisiana state law requires employers to carry workers’ compensation insurance, with a few exceptions, such as when an employer is allowed to self-insure.

Whether an employer carries workers’ comp insurance or self-insures, it is their responsibility to pay for it. An employee should never be asked to pay into workers’ compensation, and any such requests should be reported to the Office of Workers’ Compensation Administration. 

Workers’ compensation benefits include disability and death benefits, medical coverage, and rehabilitation. Disability benefits replace a portion of the employee’s wages if the employee is unable to work for at least one week due to the injury. Temporary and permanent total disability are covered, as well as permanent partial disability. 

Workers’ comp insurance covers 100% of medical costs associated with diagnosing and treating a workplace-related injury or illness. In most cases, it will also pay for vocational rehabilitation if it’s needed.

If a workplace injury or illness causes an employee’s death, workers’ compensation will pay funeral and burial expenses. The employee’s spouse, children, or other dependents are also entitled to cash benefits.

Workers’ compensation covers work-related injuries and illnesses that require medical treatments or cause loss of wages. This can include things like slip and falls, burns, exposure to illness, or work-related driving accidents. Long-term conditions caused by repetitive stress, like carpal tunnel syndrome, also qualify for workers’ comp.

Workers’ compensation won’t provide coverage in certain circumstances, for example, if an employee violates company safety policies, causes a self-inflicted injury, or is intoxicated on the job when the injury occurs.

Workers’ compensation attorneys can help their clients early in the process, walking them through the steps of filing a workers’ compensation claim so it goes as smoothly as possible. If the insurance company denies the claim, they’ll help navigate the process of appealing it.

It’s not uncommon for employers or workers’ comp insurance companies to try and deny liability, so it’s useful to have help from a lawyer with workers’ compensation experience. A good workers’ compensation attorney will help you gather medical documentation to prove that the injury is work-related and meets compensation requirements.

Louisiana requires employers to have workers’ compensation insurance in order to ensure that their employees are protected in the case of work-related injuries or illnesses. Some employers opt to self-insure, which is allowed with approval.

Employers must be insured for workers’ comp regardless of the type of employees they have, whether full-time, part-time, seasonal, or contract. There are a small number of exemptions, including employees of a private residence, performers, real estate salespeople, and employees covered by the Federal Employer’s Liability Act.

If you’ve been injured at work, the sooner you get a worker’s compensation lawyer, the better chance you’ll have of the claims process going smoothly. The initial process of filing a claim can seem straightforward, but if the employer or insurance company tries to deny liability, things can get complicated fast. Getting help from a lawyer before the claim is even filed can often help you present the facts more clearly, so there’s less room for question or deniability.

If you’ve already filed a claim on your own and it’s been denied, it’s not too late to get help. An experienced workers’ comp lawyer will be able to review your situation and gather the facts and evidence needed to file an appeal.

If you’re unhappy with the way your lawyer is handling your workers’ compensation case, you can replace them at any time. It’s important to understand that this may cause delays, however, and it may be difficult to find a replacement lawyer because they’ll generally be required to split their fees with your original attorney.

That being said, if your lawyer doesn’t seem to understand workers’ compensation laws, is rude or unprofessional, or doesn’t seem to be working hard to progress the case and keep you updated, it could be a good idea to start looking for a replacement.

Employees usually won’t have to pay state or federal taxes on workers’ compensation benefits. There are a couple of exceptions, however.

The first exception is employees who are receiving social security disability benefits as well as permanent disability benefits from workers’ comp. The second is employees receiving supplemental security income as well as lost wage payments from workers’ comp. In these cases, the workers’ comp benefits are taxable. Workers’ compensation benefits are never tax-deductible.

The last thing most people want to do while recovering from a workplace injury or illness is to struggle to prove that they’re owed compensation. Contact our workers’ compensation attorneys if you need help filing a claim or appealing a claim denial, and we’ll be happy to go over your options.

Failing to report an accident, injury, or illness in a timely manner to your employer could result in a denial of your claim. Therefore, notify your supervisor, manager, and human resources department of the situation immediately.

You need to see a doctor as soon as possible after reporting the injury. In an emergency, seek immediate medical attention and then report the accident to your employer.

Even though the workers’ compensation system is designed to provide benefits to employees, there are many deadlines and filing requirements to ensure benefits are paid. An attorney can help you make sure that you do not miss any requirements, in addition to aggressively working to protect your rights.

Begin a journal as soon as you can to take notes of the details of your injury, treatment, and recovery. Make sure that you note the names of any witnesses, details of how the accident occurred, your daily pain level, and how the injury prevents you from enjoying or performing daily activities and family duties.