Workers’ compensation in Louisiana can be complex to apply for. Worryingly, workplace injuries have become increasingly common in Louisiana, as the nature of work becomes increasingly flexible, informal, and precarious. Workplace injuries are fairly common in delivery jobs, construction, mining, and other physical labor-related jobs.
A classic case of workplace injury was seen in October when an employee at the Bumblebee Food factory in Sante Fe died because of being locked inside an industrial oven. His death led to an investigation by the Division of Occupational Safety and Health. The investigation revealed the prior infractions by the factory which had previously reported two other incidents of a hazardous work environment.
While employees working are entitled to workers’ compensation, it is not easy to apply for the same. There are several rules and conditions in fine print that could potentially jeopardize the employee’s ability to receive workers’ compensation and benefits. Furthermore, applying with incorrect or missing documentation and paperwork can lead to an application being denied by the court. In this article, we give you a lowdown on laws on workers’ compensation in Louisiana, as well as the qualifications and the application process for the same.
What Do We Mean By Worker’s Compensation Benefits?
Before we delve into the nitty-gritty of workers’ compensation benefits, it is important to understand what exactly do we mean by workers’ compensation? Workers’ compensation refers to benefits a worker is entitled to if they suffer an injury due to their work or working conditions.
According to DIR, there are five types of workers’ compensation benefits given to injured employees. These include
- Death benefits
- Medical care
- Permanent disability
- Temporary disability
- Supplemental job displacement benefits
An employee can qualify for other benefits or compensation depending upon the nature of their injury and the context in which it occurred. It is important the employee maintain proper medical records and evidence of the nature and cause of their injury, to make a persuasive application for compensation.
Qualifications Required for Compensation
Prior to applying and appealing for workers’ compensation in Louisiana, it is vital to know the qualifying benchmarks for the same. According to the labor code, there are certain guidelines and rules that employees and employers need to follow. For example, if an employee believes that they suffered an injury related to work, it is their duty to inform yeah boy about said injury driving treat. If the injury or disease is categorized as an occupational hazard that does not reveal symptoms immediately, the employee is granted some relief. However, they are required to inform the employer about such occupational injury as soon as it is linked to their work.
It is important to note that independent contractors and volunteers are ineligible for worker’s compensation in Louisiana. However, part-time employees or temporary employees can possibly apply for locus compensation. Moreover, benefits to the worker are not decided on the basis of employer culpability. In simple terms, if it’s established that the worker’s own actions caused the injury, they may not receive the compensation and benefits.
Most importantly employees need not be legal residents of the US to qualify for worker’s compensation. This is crucial information for immigrants, refugees, and asylum seekers who work as employees in many American-owned establishments.
The Application Process for Workers Compensation in Louisiana
Technically speaking, filing an application for workers’ compensation is a fairly simple process. It starts with the employee applying for a compensation claim to their respective employer. The employer is mandated to submit supporting documents like medical records to substantiate whether the injury it’s caused by disease or due to working conditions. However, an application can be rejected on the grounds of incorrect information, missing information already employers will try clear ejecting the compensation claim. In these three cases, the employee can then appeal the decision in court.
The process for applying and appealing a workers compensation claim can sometimes be a difficult and tedious process. in such cases it is advisable to consult with an attorney who is well versed with all matters Related to workers compensation and labor laws. The attorney can guide and explain labor laws in Louisiana and work towards getting your compensation claim and additional benefits.
Contact a Workers’ Compensation Lawyer Today
If you are planning on applying for worker’s compensation in Louisiana, we highly suggest consulting a lawyer experienced in labor laws and codes in Louisiana.
If you are looking for worker’s compensation in Louisiana, contact us today. Backed up by years of experience in worker’s compensation, we know what all it takes to help you claim what you deserve. Speak to us to learn more.