LOUISIANA WORKERS COMPENSATION WORK-RELATED
ILLNESSES
In addition to providing coverage for
work-related accidents, the Louisiana Workers Compensation
Act also provides coverage for some work-related illnesses
or diseases. The illness must be disabling, and must
result from causes and conditions that are "characteristic
of and peculiar to" the employee's job or work environment. In most circumstances, if you develop an illness during
your first year on the job with your employer, the law
presumes that your medical condition is not work-related.
That presumption can be overcome and your claim can be
successful if you have convincing evidence which shows that
your medical condition was caused by your employment.
The Louisiana Workers Compensation Act specifically
provides coverage for some medical conditions, such as
carpal tunnel syndrome.
Other medical conditions, like
degenerative disc disease, arthritis, mental illness and
heart disease, are specifically excluded from coverage.
While these conditions are excluded from the Occupational
Illness statute, they may still impact the severity of
an injury caused by a work-related accident. They may also
limit your ability to return to work when you've reached
maximum medical improvement from another injury that is
covered by the Louisiana Workers' Compensation laws.
If you
become disabled because of a work-related illness, your
Louisiana Workers Compensation benefits should based upon the wages
you were earning at the time you stopped working for your
employer, or the date of your last exposure to the condition
that caused the illness, whichever is later.
If your employer refuses to provide Louisiana Workers
Compensation income and medical benefits for an
occupational illness or disease, you must file a
Disputed
Claim for Compensation with the
Louisiana Office of Workers Compensation within one year of
the date that:
- The disease manifested itself.
- You become disabled from working as a result of the
disease.
- You knew, or had reasonable grounds to believe, that the disease
or illness is related to your employment.
Next: Louisiana Office of Workers Compensation
|
|