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Understanding workers’ compensation in Louisiana

On Behalf of | Feb 22, 2023 | Workers' Compensation

Louisiana residents have the reputation for being relaxed and easy-going, but they work hard every day. Unfortunately, working comes with risks. There are many occasions when a worker gets hurt on the job and needs to collect workers’ compensation to be able to live.

Just like all other states across the nation, people who work in Louisiana are entitled to workers’ compensation if they are injured on the job. However, if they apply for workers’ compensation and their claim is denied, they will need to push back because the money that they are applying for is money that they are entitled to and that they need to live.

Workers’ compensation in Louisiana: deadlines

If you are injured on the job, you have 30 days to give notice of your injury to your employer. If you have not fulfilled that requirement, when you go to file a claim for workers’ compensation, you are at risk for not getting the compensation that you need. If your claim is accepted, benefits will begin the first or second week after your claim has been approved.

If a loved one was killed on the job, the same 30-day deadline applies and the maximum amount that workers’ compensation will cover for burial expenses is $8,500, which is 66 2/3% of the average wage that the person was earning before they were killed.

Are there any exemptions from coverage?

The majority of employers in Louisiana are required to carry workers’ compensation insurance; however, there are some exceptions to the rule. The following apply:

  • An employee who is working for the owner of a private residence.
  • Musicians and performers who have signed a performance contract.
  • Employees who fall under the Federal Employer’s Liability Act, the Longshoremen’s and Harbor Workers’ Compensation Act or any extensions of the Jones Act.
  • An employer who is acting as a common carrier while working with interstate or foreign commerce by railroad.
  • Crop dusters.
  • Board members of nonprofit organizations.
  • Real estate brokers or salespeople.
  • Landmen who explore, develop, produce or transport minerals.

What are the specific workers’ compensation benefits in Louisiana?

Louisiana provides medical coverage and financial compensation if you have been injured on the job provided that the injury renders you incapable of performing your regular duties at work. The compensation is dependent on the severity of your injuries and how much those injuries affect your ability. If you should happen to pass away, the benefits will be paid to those who survive you. In Louisiana, there is no cap on who much you can receive. That depends on the extent of your disability.

Solid legal advice from a Louisiana workers’ compensation attorney

If you have been injured at work or a loved one has died as a result of a workplace injury, consulting with a Louisiana workers’ compensation may make a great difference in the outcome of your case. A knowledgeable attorney can help you to understand exactly how the workers’ compensation in Louisiana works and exactly which benefits you are entitled to receive. Your attorney can help you to understand what you can expect and they can also teach you how to protect your rights at the same time.