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Message
re: Louisiana Workers Comp Questions
Posted on 1/30/18 at 7:10 pm to cgrand
Posted on 1/30/18 at 7:10 pm to cgrand
quote:
, i would make your life a living hell (within the law of course)
your WC claim for a small company like that will cost thousands and will drive up his EMOD to the point where he might lose work
You’re dumb. He needs medical help and it’s best to report and him get fixed than stay hurt and find an attorney
Emod factor will not be that significant
Posted on 1/30/18 at 7:13 pm to doublecutter
quote:
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.
Why don't you report it instead of assuming the worse. If no cooperation you can always retain counsel.
If he was a sub contractor the general would require him to provide WC coverage. If not the general becomes your statutory employer and would be responsible to provide WC coverage.
You could make a tort claim against any other parties who were negligent in causing your accident unless the other party is the general contractor. You only have aright to a WC claim against your employer or the general contractor. If another contractor on site caused the accident you may have aright to proceed against them in tort.
Posted on 1/30/18 at 7:24 pm to doublecutter
did you report the accident before you left work?
Posted on 1/30/18 at 7:26 pm to Chad504boy
the hell it won't
with 5 employees the guy probably doesn't have 20000 man hours a year
I've had exactly one WC reportable in 12 years and I'm just now getting below 1.0
with 5 employees the guy probably doesn't have 20000 man hours a year
I've had exactly one WC reportable in 12 years and I'm just now getting below 1.0
Posted on 1/30/18 at 7:29 pm to cgrand
quote:
did you report the accident before you left work?
I didn't officially report it,but he was aware it happened, as my co worker informed him via phone.
Posted on 1/30/18 at 7:33 pm to cgrand
quote:
would find a way to fire you at a later date and in the meantime, i would make your life a living hell (within the law of course)
That goes without saying, if I pursue a claim, I'm a gone pecan.
In fact, I might already be a gone pecan just for getting hurt, he's just playing it out.
Posted on 1/30/18 at 7:37 pm to doublecutter
if you did not record the accident you may as well have tripped over your cat at home.
talk to the owner and give him a chance
if he's just an a-hole then do what you have to do
talk to the owner and give him a chance
if he's just an a-hole then do what you have to do
Posted on 1/30/18 at 7:52 pm to doublecutter
There is NO requirement for a drug test. WC is an insurance polucy that employers are required ti have for all employees. The LA Works (formerly the LA Dept of Labor) website under; a Divisioncalled the Office of Workers’ Compensation has all the answers you will need. All premiums paid by the employer are determined at the beginning of the policy period based on wage record and job classification. They have forms on the website to use. First report of injury, etc. NOTE that it is against the law to make a false misrepresentation (lie) to get benefits. Harrassment by an employer is a dick move and can subject them to civil penalties. If you are hurt, report it. Be truthful. WC policy will cover medical costs as well as upto 66% of your salary should the injury prevent you from working.
Posted on 1/30/18 at 8:01 pm to cgrand
quote:
if you did not record the accident you may as well have tripped over your cat at home.
Wrong, you have 30 days to report it.
Posted on 1/30/18 at 8:50 pm to doublecutter
I had a friend fall at work and go see her regular ortho Doc. As soon as she mentioned it happened at work, he pretty much ran her arse out of his office. He refuses to see WC patients.
She tried to tell him that she was not going to file WC, just use her health insurance, but he heard "fell at work" and that was it.
Your mileage may vary.
She tried to tell him that she was not going to file WC, just use her health insurance, but he heard "fell at work" and that was it.
Your mileage may vary.
Posted on 1/30/18 at 8:53 pm to doublecutter
mmm-hmmmm...
that and 350 bucks will get you an hour at the lawyers office
the law is on your side but what I'm telling you is that at a 5 person firm you are just about guaranteeing yourself a spot at unemployment. if the job is seasonal or temporary then fine, file WC and go down that road. if it's a career then work something out with your employer
if you really are injured than your employer is bound to make you whole. But you didn't record the accident and I'm guessing your company has a policy about that. if you wind up costing your employer money instead of making him money then I think you know what's gonna happen. look at it from his point of view and work with him if he's willing to do so
that and 350 bucks will get you an hour at the lawyers office
the law is on your side but what I'm telling you is that at a 5 person firm you are just about guaranteeing yourself a spot at unemployment. if the job is seasonal or temporary then fine, file WC and go down that road. if it's a career then work something out with your employer
if you really are injured than your employer is bound to make you whole. But you didn't record the accident and I'm guessing your company has a policy about that. if you wind up costing your employer money instead of making him money then I think you know what's gonna happen. look at it from his point of view and work with him if he's willing to do so
Posted on 1/30/18 at 9:00 pm to tigersbb
quote:
You could make a tort claim against any other parties who were negligent in causing your accident unless the other party is the general contractor. You only have aright to a WC claim against your employer or the general contractor. If another contractor on site caused the accident you may have aright to proceed against them in tort.
oh please...
the dude was walking backwards not watching where he was going and tripped over a known obstacle
Posted on 1/30/18 at 9:03 pm to Androolio
quote:
WC is an insurance polucy that employers are required ti have for all employees
Not all employers are required to have WC
Posted on 1/30/18 at 9:16 pm to cgrand
quote:
oh please...
the dude was walking backwards not watching where he was going and tripped over a known obstacle
Everything I stated is accurate. Whether or not the fact of his case would justify a third party claim would be up to the trier of fact if it advanced that far.
Posted on 1/30/18 at 9:22 pm to yellowfin
Comp is compulsory in LA if you have any employees, even one. There are very few exceptions to this such as small farms, if you fall under the Jones Act, and a few others.
Posted on 1/30/18 at 9:41 pm to doublecutter
1. Report the injury at once if you have not. Request a doctor of your own choosing.
2. You have the right to your own choice of doctor in any field or specialty that may be used to treat your injury. You have a back injury, so that could be orthopedic, neurosurgeon, pain management, etc. You will not have a right to a gynecologist.
3. Your employer has the same choice for second opinions.
4. What treatment you can actually receive is governed by the Medical Guidelines. Your doctor will have to submit requests for treatment to the comp carrier on forms prescribed by the Louisiana Workforce Commission. Most doctors have this process down now.
5. There is a 7 day waiting period before indemnity benefits (weekly checks) are owed. You get paid for that waiting period if you are out more than 2 weeks.
6. If you need an attorney most of the Louisiana Workforce Commission Offices of Workers' Compensation maintain lists of attorneys that represent injured workers.
7. If you decide to hire an attorney ask what percentage of their practice is workers' comp. Less than 50% go to someone else. It is a specialized area of the law and you need someone very familiar with how it works.
8. Tell the absolute truth at all times. Insurance carriers are always looking for potential fraud claims as this results in a forfeiture of benefits.
The best thing to do is get treatment as soon as possible and get back to work as soon as possible. Dragging it out will only make your life miserable.
2. You have the right to your own choice of doctor in any field or specialty that may be used to treat your injury. You have a back injury, so that could be orthopedic, neurosurgeon, pain management, etc. You will not have a right to a gynecologist.
3. Your employer has the same choice for second opinions.
4. What treatment you can actually receive is governed by the Medical Guidelines. Your doctor will have to submit requests for treatment to the comp carrier on forms prescribed by the Louisiana Workforce Commission. Most doctors have this process down now.
5. There is a 7 day waiting period before indemnity benefits (weekly checks) are owed. You get paid for that waiting period if you are out more than 2 weeks.
6. If you need an attorney most of the Louisiana Workforce Commission Offices of Workers' Compensation maintain lists of attorneys that represent injured workers.
7. If you decide to hire an attorney ask what percentage of their practice is workers' comp. Less than 50% go to someone else. It is a specialized area of the law and you need someone very familiar with how it works.
8. Tell the absolute truth at all times. Insurance carriers are always looking for potential fraud claims as this results in a forfeiture of benefits.
The best thing to do is get treatment as soon as possible and get back to work as soon as possible. Dragging it out will only make your life miserable.
This post was edited on 1/31/18 at 7:26 am
Posted on 1/30/18 at 9:56 pm to cgrand
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 pa
Would you allow an untrained claim adjuster to just jump into your crew and perform the craft that your company provides. Doubtful. What makes you think you can handle a claim properly.
You, sir are in violation of your obligations to promptly report the claim to your WC carrier. If the claim takes a downward turn and your WC insurer has been unduly prejudiced in handling the claim they might decline to cover you. If penalties are assessed due to your inept assumption of claims handling you may be forced to pay it.
You have no right to force your employee to incur his own medical expenses and hope to be reimbursed eventually for " reasonable medical expenses." Who determines reasonableness?
Do you not know that medical payments are governed by a fee schedule? That there is a process to having medical procedures approved?
Of course once your realize how expensive a WC claim can actually be you will make a belated report to the carrier and expect them to clean up the mess you created.
Don't be a dick, report your claims properly. Would you allow an untrained claim adjuster to just jump into your crew and perform the craft that your company provides. Doubtful. What makes you think you can handle a claim properly.
Posted on 1/30/18 at 10:02 pm to tigersbb
Some of the experts on this topic have made me dig deeper at least into Texas Workman’s Comp.
Unless federal job or in a selected field you are not required to take a drug test. HOWEVER, refusal puts you at the mercy of your employer and they may be able to fire you on that alone.
So in other words, if you get asked to take one and refuse, enjoy the doctors visits because more than likely you won’t have a job for much longer.
Link to law firm:
LINK /
Unless federal job or in a selected field you are not required to take a drug test. HOWEVER, refusal puts you at the mercy of your employer and they may be able to fire you on that alone.
So in other words, if you get asked to take one and refuse, enjoy the doctors visits because more than likely you won’t have a job for much longer.
Link to law firm:
LINK /
This post was edited on 1/30/18 at 10:05 pm
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