- November 14, 2018
Workplace injuries can have a significant impact on workers and their families in Baton Rouge, LA. If you received a job injury, you may have lots of questions about how you will pay for medical treatment. You may wonder what responsibilities your employer has toward you. Even if you haven’t suffered an injury, you may still want to know the process.
Provisions for Employees Who Receive Injuries on the Job in Baton Rouge, LA
Workers who suffer injuries on the job should seek immediate medical attention. They should also report the injury to their employer as soon as possible. This sets the wheels in motion for the workers’ compensation process. Workers’ compensation is the system through which workers with injuries get certain benefits. Entitlements can include medical care, payment of loss wages, vocational rehabilitation benefits and death benefits for surviving relatives. These benefits are paid to the employee or their next of kin by the employer or their insurer.
Every employer in Baton Rouge, LA is required to have workers’ compensation insurance unless statutorily exempted. Most employees are covered whether they are full-time, part-time or seasonal workers. Minors are also eligible for workers’ compensation. Even some sub-contractors and independent contractors may be considered employees under the law. However, the law exempts domestic workers, real estate salespeople and directors of some non-profit organizations.
Hear from a Louisiana Workers’ Comp Attorney: What Workers’ Comp Covers
Eligible employees in Baton Rouge, LA can receive compensation for both mental and physical injuries. These injuries can arise from accidents or occupational illnesses. Mental injuries must result from either a physical injury or sudden and extraordinary job-related stress. Any claim must be accompanied by solid evidence. The injury must arise out of and be within the scope of the worker’s duties. It usually does not matter if the injury was the employer or the employee’s fault. However, there are exceptions.
If you intended to injure yourself or others, you cannot receive compensation. You also cannot receive compensation if intoxicated except in special circumstances. These are if intoxication resulted from activities done in the employer’s interest or the employer encouraged the use of the beverages. Engaging in “horseplay” may also prevent you from getting workers’ compensation benefits in Baton Rouge, LA. As an injured employee, you can dispute any of these exceptions. However, it would be better to hire a workers’ compensation attorney in Baton Rouge for this process.
Duties of an Employer as Explained by a Workers’ Compensation Attorney in Baton Rouge
There is a deadline in place by which employers must report your injury to their insurer. Employers must file a First Report of Injury or Illness form within ten days of finding out about your injury. This applies if the injury results in death or more than one week away from work. Under Louisiana Revised Statutes 23:1306, this must be done even if you have not filed for workers’ comp benefits. Once the form is complete, the insurer sends the report to the Office of Workers’ Compensation Administration.
If the employer opts not to use the form, known as Form 1007, they must still provide some information.
They must notify the insurer of:
- Employer’s name, address, and business
- Employee’s name, Social Security number, address, occupation and telephone number
- Cause and nature of injury or death
- Date, time and location of the injury or death
- Wages the employee was earning at the time of the injury
If the employer fails to report your injury, they will be subject to a penalty.
You have recourse if the employer does not provide the benefit you claimed within seven days. You can amend your disputed claim and you can also file a Disputed Claim for Compensation form. Then, the employer can request a preliminary hearing with the Workers’ Compensation Judge. If they don’t request this preliminary determination, the claim will be set for trial.
Contact a Louisiana Workers’ Comp Attorney for a Consultation
Sometimes employers deny legitimate workers’ compensation claims. They may be hoping that you accept their denial and give up on your claim. They may also offer a low sum of money “under the table’ or even threaten you. If any of this occurs, you need to consult a Louisiana workers’ comp attorney in Baton Rouge. Now that you know what employers should do following a workplace incident, you can protect your interests. If you suspect your employer is acting illegally, contact the experienced attorneys at Louisiana Injury Lawyers for assistance. They will fight for your right to receive compensation for your workplace injury.
