- The Louisiana Workforce Commission oversees workers' compensation laws in the state of Louisiana. Such laws provide financial support for employees who have been injured on the job or have a workplace-related illness. For employers and employees alike, knowing the ins and outs of Louisiana workers' comp laws is important. It allows you to stay on the right side of state law as well as know your rights.
- Injured or ill employees may see the doctor of their choice in Louisiana. Workers may also switch from a physician in one specialty to a physician in another specialty without having to get permission from their employer. However, if a worker chooses to switch from one doctor to another in the same specialty, that employee must obtain the permission of his employer. Physicians must also receive permission from an employer or an insurance company before providing non-emergency care in an amount greater than $750 as of October 2010. All refusal of further care must have probable cause.
- Employees who have been injured or became ill on the job are entitled to certain benefits and not entitled to others. Employees may receive compensation for medical bills and rehabilitation, as well as partial disability compensation for lost wages. State law entitles employees to compensation for travel expenses. Employees may not receive unemployment benefits at the same time as workers' compensation benefits. Employees also void their right to benefits if they obtain another job.
- State law requires nearly all employers, public and private, to have some kind of workers' compensation insurance. In addition to purchasing insurance on the open market, employers have the option of joining the group self-insurance fund. Employers join this fund by filling out a form and submitting all required documentation. State law forbids employers from making deductions from employee paychecks to cover the cost of workers' compensation.
- Independent medical examinations are a way to resolve disputes between employees and employers regarding diagnosis and liability of employee injury or illness. Once an appointment for an independent medical examination has been set, it cannot be changed except by order of the Office of Workers' Compensation Administration. After the examination, the examiner has 30 days to file a report.
- Reports of injury should be filed by an employer's insurer. The insurer has seven days to file a report after the injury.
- Louisiana workers' comp laws set the rate at which employees receive compensation. This rate as of October 2010 was 66 2/3 percent of the employee's average wages for the last 40 hours or four weeks, whichever is the greater length of time.
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