re: Louisiana Workers Comp Questions

quote:

---

A refusal to take a drug test is deemed a failed drug test with most companies, especially in construction.

Also, drug tests are not just required by most construction facilities (industrial), they ARE a requirement for insurance. Hence why often you will see CEO's, the owners, and directors being required to take them also. The insurance provider requires them on X% of employees at X intervals, and upon hiring.

Ignoring WC for a minute, refusing the drug test may not affect WC, but the companies insurance provider for the umbrella or future lawsuit /settlement, will deem the refusal as a failure and use that in court to fight any payments.

---

they need an employee signature on a consent form. love you how go rumbling into umbrella providers and what nots.

quote:

---

love you how go rumbling

---

speaking of "rumbling"

It is almost a guarantee that if this guy was working for an industrial construction company (sounds like he was), they have a policy and program that he agreed to or signed off on when he hired on.

I was just trying to clarify that the drug test may not mean anything to his WC claims (or it might), but if he decides to actually go after a lawsuit, the drug test could mean everything.

quote:

---

yes like 13 times. i onboarded the other day actually.

---

Good grief baw you work in IT?

Thanks for the responses.

A drug test is no problem for me.

This is a small company with 5 total employees, so there is not a HR Dept.

I know when I tell the owner I want to file a WC claim, he's going to blow a gasket. But he blows a gasket about a lot of things.

But I can hardly walk without pain, and it's almost impossible for me to go up stairs without a stabbing pain whenever I step up.

quote:

---

This is a small company with 5 total employees, so there is not a HR Dept.

---

Chad Wins Yet Again.

I deal with this all too often. I am the HR and Safety department at my work. Just tell your employer what happened. They will need to get a written statement from you and your coworker. They will submit all the paperwork to WC. At which point, since its lost time, a 3rd party will investigate. They will take your statement and talk to your employer and the witness. If things are as you say, there shouldn't be a problem getting your benefits. You should have reported it immediately. This is pretty standard practice. I have my guys tell me even if its a paper cut. No injury is too small to not report immediately. It will raise some questions with the investigator but shouldn't be a problem unless your employer thinks something is fishy then they will look into it further.
In the meantime you can see your Dr. You will just have to get your employer to get them the claim number. Which should take no more than a day after the claim is submitted.
And your Dr won't do Xrays or anything until WC approves it. And they aren't very fast. and MRI's take even longer. Things won't move quickly I can tell you that.

I deal with WC a lot too. Like most have said, you need to report it asap, and the doctor (make sure it's your choice) will request treatment through 1010 form (MRI, PT, or X-ray). If it's serious, your doctor will refer you to an ortho, which will also have to be requested on a 1010 and approved by comp insurer.

Its an arduous process, but needed if you have serious enough injuries. And in some cases, your private insurance will refuse to pay for treatment if it's documented to be a work accident.

That’s not true. If you refuse it could be grounds for termination. Any company with more than a few employees follows these standards. Larger companies have a shitload of attorneys waiting for something to do.

quote:

---

before you call me a dick, here is how i would handle it: 

1) send you to the doctor 
2) reimburse you for reasonable medical expenses 
3) put you on light duty at full pay 

---

I would be happy if he handled it this way. But he wouldnt. He is the kind of guy where I would have to force him to do anything. Including hiring an attorney. The accident took place on the premises of a well known, high visibility NOLA institution. I'm pretty sure I could contact their construction project office and they would force him to do the right thing.