re: Louisiana Workers Comp Questions

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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.

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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.

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

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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) 

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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.

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.

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.

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

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WC is an insurance polucy that employers are required ti have for all employees

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Not all employers are required to have WC

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.

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.

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 /