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Louisiana Injured Employee Workers Compensation Benefits

Important workers compensation benefit information for injured Louisiana employees

Louisiana Workers Compensation Medical Benefits -

  • Medical benefits for injured Louisiana workers are paid without lenghth of time or cost limitations.

Who Chooses the Physician for Injured Workers in Louisiana-

  • An injured worker has the freedom to choose his or her treating physician and may switch from one specialty of care to another without having to seek approval of the employer/insurer. The worker must, however, have permission to switch from one provider to another within the same field of specialty.
  • While the injured worker has the freedom to select the treating physician, the physician must have approval from the employer/ insurance carrier to continue treatment beyond $750 worth of care unless the care is provided under emergency conditions. However, the withholding of such consent is not to be arbitrary and capricious or without probable cause.
  • There may come a time when your employer will require you to be examined by a physician of his or her choice. Your failure to submit to any reasonable examination may cause your compensation payments to be temporarily suspended until you do so.

Louisiana Workers Compensation Disability Benefits -

  • Temporary Total Disability (TTD) Benefits:
    • Compensation is 66 2/3 percent of the injured workers wage.
    • Minimum weekly payment is 20% of the state average weekly wage or $146.
    • Maximum weekly payment is 75% of the state average weekly wage or $546.
    • Maximum number of payments is no limit.
    • Benefits reduced by Unemployment Insurance offsets.
    • Note:
      • 2008-2009 state average weekly wage is: $728.10.
      • If you miss work for more than 42 days you will then receive compensation for the first seven days following the injury date. Any additional compensation for permanent disability, such as an amputated limb, will be determined after you return to work or at the end of the healing period.

  • Permanent Total Disability (PTD) Benefits:
    • Compensation is 66 2/3 percent of the injured workers wage.
    • Minimum weekly payment is 20% of the state average weekly wage or $146.
    • Maximum weekly payment is 75% of the state average weekly wage or $546.
    • Maximum number of payments is no limit.
    • Benefits terminate when injured worker qualifies for Social Security benefits.
    • Note:
      • Volunteer firefighters are limited to 520 weeks of benefits.

  • Permanent Partial Disability (PPD) Benefits:
    • Compensation is 66 2/3 percent of the injured workers wage.
    • No Minimum weekly payment.
    • Maximum weekly payment is 75% of the state average weekly wage or $546.
    • Maximum number of payments is no limit.
    • Benefits terminate when injured worker qualifies for Social Security benefits.
    • Note:
      • Non-scheduled injuries are limited to a maximum of 520 weeks payments and a maximum payable of $283,9020. Additional benefits are available for castrophic injuries of up to $30,000 payable one year after injury.


Louisiana Workers Death/Dependency Benefits -

  • For injury causing death within two years after the last treatment resulting from the accident, there shall be paid to the legal dependent of the employee, actually and wholly dependent upon his earnings for support at the time of the accident and death, a weekly sum as provided in this Subpart.
  • (1) If the employee leaves legal dependents only partially actually dependent upon his earnings for support at the time of the accident and death, the weekly compensation to be paid shall be equal to the same proportion of the weekly payments for the benefit of persons wholly dependent as the amount contributed by the employee to such partial dependents in the year prior to his death bears to the earnings of the deceased at the time of the accident.
  • (2) However, if the employee leaves no legal dependents entitled to benefits under any state or federal compensation system, the sum of seventy-five thousand dollars shall be paid to each surviving parent of the deceased employee, in a lump sum, which shall constitute the sole and exclusive compensation in such cases.
  • Kids' Chance is a scholarship program that provides scholarships to dependants age 16 to 25 for post secondary education of workers suffering a total or permanent disability or death that is compensable under a state or federal workers' compensation act or law. For information on Kids' Chance contact the Louisiana Bar Foundation.


Louisiana Workers Compensation Attorney Fees -

  • Attorney fees are allowed up to 20% on all amounts received.

More specific workers compensation employee benefit information for this state can be found by following the link below. It will take you directly to the state web page containing employee's workers compensation rights and benefits:

http://www.laworks.net/WorkersComp/OWC_WorkerMenu.asp



Important Notice Please Read: All information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.


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