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Louisiana Workers Comp Questions

Posted on 1/30/18 at 1:11 pm
Posted by doublecutter
Hear & Their
Member since Oct 2003
6589 posts
Posted on 1/30/18 at 1:11 pm
Late yesterday afternoon at a job site, I was walking slowly backwards helping a coworker spread out a tarp and I tripped on some debris and fell backwards onto some pipes that were laying on the ground. My lower back landed on the pipes. I got up and tried to walk it off. My back hurt but I thought I was OK.

Came home last night, and the back pain has gotten considerably worse since then. I got very little sleep last night because whatever position I tried there was back pain.

I called my employer this morning and told him I couldn't come in today because of the back pain. I decided that I don't think I can walk this off. I have a call in to my employer about going to see a doctor.

My question is, if I went to my personal doctor, would WC reimburse me for the bill? I'm sure the bill would be pretty expensive as they would want to do Xrays. Or do I have to see the doctor that WC uses?

Any other tips on dealing with a Workers Comp injury?
Posted by SilverStallion
Member since Aug 2017
1999 posts
Posted on 1/30/18 at 1:14 pm to
Unbelievable
Posted by Tiger Prawn
Member since Dec 2016
21909 posts
Posted on 1/30/18 at 1:18 pm to
quote:

Any other tips on dealing with a Workers Comp injury?

You better be able to pass a drug test
Posted by Lefty Diego
West of the Pecos
Member since Aug 2009
701 posts
Posted on 1/30/18 at 1:20 pm to
Why didn't you immediately report it? What is the company procedure for reporting injuries? As an employee of the company you should know this.
Posted by More beer please
Member since Feb 2010
45052 posts
Posted on 1/30/18 at 1:20 pm to
Well since you don’t have a doctor taking you off work yet, I hope you have sick or pto stocked up while you decided to skip work.
Posted by Weekend Warrior79
Member since Aug 2014
16418 posts
Posted on 1/30/18 at 1:20 pm to
You have the right to your own doctor, the company cannot deny you to see any doctor but can insist on a 2nd opinion. You can go to your doctor and tell him what happened and it was at work and they should not charge you (unless the WC claim is ultimately denied). They will then charge your WC carrier once you provide them with that info. Smaller offices may charge you up front, but the Insurance will reimburse you once approved

Make sure to get your coworker’s contact info if you don’t already have. The burden will now be on you to prove that it happened at work and you’ll want something from him now while it’s fresh in his head.

FYI, your employer cannot fire you for having a WC claim, but they can for not reporting it properly.
Posted by Chad504boy
4 posts
Member since Feb 2005
166322 posts
Posted on 1/30/18 at 1:21 pm to
let your employer know you need to file a claim and see a doctor. the doctor/nurse will ask you if its a work related injury, they'll be all over the work comp part of it. money maker for them.
Posted by Weekend Warrior79
Member since Aug 2014
16418 posts
Posted on 1/30/18 at 1:23 pm to
Doesn’t really matter because LA WC doesn’t pay for the 1st week until you miss 2 weeks

Edit for accuracy. Thanks More Beer Please
This post was edited on 1/30/18 at 2:44 pm
Posted by 50_Tiger
Dallas TX
Member since Jan 2016
40107 posts
Posted on 1/30/18 at 1:26 pm to
quote:

You better be able to pass a drug test


I could have sworn this is the immediate first step after an on the job work injury.

I could be wrong. I know here (Fortune 500), if anything happens in the field, HR is immediately notified and you are sent for a drug screening before any other monies are passed along.
Posted by More beer please
Member since Feb 2010
45052 posts
Posted on 1/30/18 at 1:26 pm to
quote:

Doesn’t really matter because LA WC doesn’t pay for the 1st week until you miss 6 weeks


It’s actually 14 days
This post was edited on 1/30/18 at 1:27 pm
Posted by Weekend Warrior79
Member since Aug 2014
16418 posts
Posted on 1/30/18 at 1:32 pm to
Which one? How many days missed before they start paying or when they pay you back for those missed days?
This post was edited on 1/30/18 at 1:33 pm
Posted by More beer please
Member since Feb 2010
45052 posts
Posted on 1/30/18 at 1:34 pm to
You have to miss 7 days before you are owed benefits. And after an additional 7 days off they can repay the original 7.
Posted by keakar
Member since Jan 2017
30043 posts
Posted on 1/30/18 at 1:40 pm to
tell your employer you are filing a WC claim and apply right away.

it will take a few weeks to a month before it kicks in and then they will give you a benefit check of 60% of your regular pay plus pay for any medicine or doctor visits/treatments you need.

as mentioned drug test is mandatory, if you fail you get nothing and are on your own for everything and most likely you will be fired. if you cant pass drug test then tell your boss you dont want to file a WC claim but you need extended time off leave until you recover and he "might" keep your job available for you
Posted by jmarto1
Houma, LA/ Las Vegas, NV
Member since Mar 2008
33979 posts
Posted on 1/30/18 at 1:48 pm to
They should have their WC cover you. They just need to submit the claim. You'll need to furnish some information like where were you treated.
Posted by Chad504boy
4 posts
Member since Feb 2005
166322 posts
Posted on 1/30/18 at 1:50 pm to
quote:

as mentioned drug test is mandatory, if you fail you get nothing and are on your own for everything and most likely you will be fired.


umm... usually employer's have to have employees sign off on this. not just a mandatory across the board type thing.
Posted by 50_Tiger
Dallas TX
Member since Jan 2016
40107 posts
Posted on 1/30/18 at 1:54 pm to
quote:

umm... usually employer's have to have employees sign off on this. not just a mandatory across the board type thing.


Any company with an HR will have this in place.

I know its Louisiana and shite, so having an HR might be a foreign concept to the good ole baws.
Posted by Lakeboy7
New Orleans
Member since Jul 2011
23965 posts
Posted on 1/30/18 at 1:55 pm to
quote:

Any other tips on dealing with a Workers Comp injury?


If religious I would try prayer.

I hope you are not seriously injured.
Posted by Chad504boy
4 posts
Member since Feb 2005
166322 posts
Posted on 1/30/18 at 1:56 pm to
quote:


Any company with an HR will have this in place.

I know its Louisiana and shite, so having an HR might be a foreign concept to the good ole baws.



maybe, if he did sign off on it, then he should likely be already aware.
Posted by sleepytime
Member since Feb 2014
3582 posts
Posted on 1/30/18 at 1:56 pm to
quote:

asmentioned drug test is mandatory, if you fail you get nothing and are on your own for everything and most likely you will be fired

This is true if the employer has a drug/alcohol program in place that is enforced. If they don’t, not so much. There some gray area here too....
Posted by The Rodfather
I'm not really sure?
Member since Nov 2008
3941 posts
Posted on 1/30/18 at 1:59 pm to
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.


ETA: I have seem people quit a company instead of taking the drug test, only to try to re-apply soon after and be hit with a 30/60/90 day wait or "not for rehire".
This post was edited on 1/30/18 at 2:02 pm
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