Frequently Asked Questions From Injured Workers About Disputed Claims
- I was injured on my job. What benefits am I entitled to?
If your injury or illness is found to be job-related, you may be entitled to receive medical care for the injury or illness, disability compensation for a portion of your list wages, rehabilitation services, and, in the event of your death, benefits payable to your survivors.
- What happens if I am denied workers' compensation benefits?
An option you have is to file a Disputed Claim for Compensation, Form LWC-WC 1008 (PDF), which is an administrative law proceeding through one of ten offices in the State of Louisiana. This process could take six to nine months, or longer if the case is appealed.
- Do you pay my workers' compensation benefits?
Workers' compensation benefits are paid by your employer, if he is self-insured, or by his workers' compensation insurance carrier. There are certain exempt employers (PDF). No benefits are paid by the Office of Workers' Compensation Administration (OWCA).
- While my case is going to trial, what am I supposed to do for money?
Assistance, such as food stamps, may be available through social services. You may also want to contact local charities or churches in your area.
- What is a lump sum settlement?
A lump sum settlement is an agreement where the insurer/employer agrees to pay the present value of the disputed claim at once, and his/her future obligations to the injured workers are fully and finally released. To determine the value, the sum of payments owed the claimant may not be discounted at a rate greater than eight percent per annum.
- I want to settle my claim. How much will I get?
There is no formula for establishing a settlement value of a workers' compensation claim. It depends on your compensation at the time of your injury.
- Do I have to hire an attorney?
You are not required to have an attorney in workers' compensation proceedings; however, you may contact one at any time during the process.
- I am not getting my workers' compensation check. What should I do?
First you should contact your employer or your employer's insurance carrier. If you cannot resolve the problem with them, you should contact your nearest Workers' Compensation District Office. There you may want to file a disputed claim for compensation (Form LWC-WC 1008) (PDF).
- Can my employer fire me because I filed a workers' compensation claim?
Under Louisiana Law, your employer cannot terminate your employment because you filed a workers' compensation claim. However, your employer does not have to keep a job open for you or make one available when you are able to return to work.
- Does my employer have to retrain me for another job?
The employer/insurer may do a job study or survey to find which jobs are available in your area, for the duties approved by your doctor.
- When will I get my first compensation check?
Your first payment should be paid on the fourteenth day after your employer has knowledge of your injury resulting in loss of income. There is a 7-day waiting period for which you will not be paid benefits. However, if you miss more than 14 consecutive days, you will be paid for the 7-day waiting period.
- Can I be reimbursed for mileage?
All related expenses reasonably and necessarily incurred for obtaining services, medicines, and prosthetic devices should be paid. You should submit appropriate itemization to your workers' compensation insurance carrier or adjuster.
- I have a workers' compensation claim and my insurance company is Reliance Insurance. I've heard that they are insolvent. What should I do?
All claims filed against Reliance Insurance Company are now being handled by the Louisiana Insurance Guaranty Association (LIGA). Information regarding Reliance Insurance Company's insolvency can be obtained via LIGA's Web site or by contacting them at 1-225-291-4775.
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This page was last updated on April 6, 2017.
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