Home > Practice Areas > Personal Injury > Workers’ Compensation
When an employee is injured during the course and scope of their employment, they may have a workers’ compensation cause of action. Workers’ compensation is governed by La. R.S. 23:1021, et seq. There are some exceptions to a person’s entitlement to compensation from his/her employer, such as horseplay, intoxication or a dispute with another employee. Injuries sustained out of incidents arising from these types of accidents are not covered under workers’ compensation. La. R.S. 23:1081
Anyone performing services arising out of and incidental to his employment in the course of his own trade, business or occupation or in the course of his employer’s trade, business or occupation is entitled to workers’ compensation. However, there are exceptions as to who is entitled to receive workers’ compensation listed in La. R.S. 23:1035.
Under the workers’ compensation scheme, it is the duty of the employer, not the employee, to pay the medical benefits and expenses of the injured employee. The employer has a duty to furnish all necessary drugs, supplies, hospital care and services, medical and surgical treatment, and any non-medical treatment recognized by the laws of this state as legal according to La. R.S. 23:1203(A). The employer or the insurer must pay workers’ compensation medical benefits within sixty days after receiving written notice of those expenses. Therefore, if an employer fails to pay medical expenses timely, penalties and attorney fees may be imposed under La. R.S. 23:1201(F). The schedule of payments for compensation of temporary total disability; permanent total disability; supplemental earnings benefits; and permanent partial disability shall be paid in accordance with La. R.S. 23:1221.
The maximum compensation allowed by La. R.S. 23:1202 is 66 2/3% of the average weekly wage and the minimum compensation allowed is 20% of the average weekly wage.
In case of an employee’s death arising from a work-related injury, the employer shall pay reasonable expenses for the burial of the employee, not to exceed $7,500.00.
Anyone who is entitled to receive workers’ compensation benefits must file suit within one year from the date of the accident or one year from the date from the last check. The claim could be barred and no recovery will be possible if you let the one year deadlines pass.
Morice Law Firm handles workers’ compensation cases throughout Louisiana including Baton Rouge, New Orleans, Shreveport, Lafayette, Monroe, Alexandria, Hammond, Lake Charles and surrounding areas. If you have been injured on the job, contact the Morice Law Firm today.
One of the most unfortunate things that can happen to you is an injury at the workplace. In Louisiana, the law provides a remedy under workers’ compensation. Each and every employer in Louisiana is required to carry workers’ compensation insurance on their employee. Each and every employer is also required to have their workers’ compensation insurance posted so that it can be reviewed by the employees.
When you are injured at work, you are entitled to two (2) things: medical benefits and wage benefits (if a doctor has taken you off work for more than one (1) week.) Your wage benefits must be paid weekly or however you were paid while working. Your medical treatment must be approved and paid in a timely manner.
The following is an important checklist to follow if you have been injured on the job:
Hopefully your injury will be paid for and you will return back to work with no future problems. If this does not happen, call us and we will explain your rights and let you know if we can assist you. You can contact us at (504)-366-1641 or through the form on this website.
For more information on Louisiana Workers’ Compensation laws, you can visit the State of Louisiana Department of Labor Website.