Louisiana Workers Compensation Frequently Asked Questions

FREQUENTLY ASKED QUESTIONS & ANSWERS ABOUT LOUISIANA WORKERS' COMPENSATION CLAIMS

Question: When does the time limit for filing a Louisiana Workers' Compensation claim run out?

Answer: The time limit may be one, two or three years, depending upon whether you have received benefits and the type of benefits you should be receiving. Click here for details.

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Question: How much should I received each week or each month in Workers' Compensation benefits?

Answer: If you receive Temporary Total Disability (TTD) Benefits, click here. If you receive Supplemental Earnings (SEB) Benefits, click here. If you don't know what kind of benefits you receive, click here.

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Question: Can I go to another doctor or switch to a different doctor?

Answer: You can usually see a doctor of your own selection in any medical specialty that can help treat your work-related injury or illness. But once you select a doctor, you will need a very convincing reason to switch to a different doctor in the same medical specialty. Click here for details.

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Question: Can my employer require me to take a drug and alcohol test?

Answer: Your employer is usually allowed to require you take a drug and alcohol test immediately after an accident. It you refuse, the Court will presume you were intoxicated at the time of your accident. Your employer may also require you to take a drug and alcohol test before they allow you to come back to work. Chick here for details.

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Question: What is an Independent Medical Examination (IME)?

Answer: If your doctor and the doctor selected by the insurance company disagree about your medical condition, your need for surgery, or whether you are able to return to work, a Workers' Compensation Judge or the Louisiana Department of Labor may appoint a third doctor to examine you. That examination is called an "Independent Medical Examination." Click here for details.

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Questions: I received a letter from my employer telling me that I've been fired. Is that legal?

Answer: It depends upon whether your employer fired you because you filed a Workers' Compensation claim or because you have a work-related medical condition and have not returned to work. Click here for an explanation.

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Question: I was contacted by a Vocational Rehabilitation Consultant and they want me to go to a Functional Capacity Evaluation (FCE). What is the point of this? Do I have to do this?

Answer: A Vocational Rehabilitation Counselor is an agent hired by the Workers' Compensation insurance company to (1) help you find a job, or (2) prove that you can go back to work, regardless of whether or not you actually find a job. A Function Capacity Evaluation (FCE) is a test to see what type physical restrictions you may have on working. Click here for details.

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Question: How much does it cost to hire and attorney to represent me in my Louisiana Workers' Compensation claim?

Answer: The fee is typically 20% of all benefits we assist you in recovering and in most cases no fee is due from the weekly or monthly benefits you receive while you are still under medical treatment. Click here for an explanation.

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Question: Is there any difference between Louisiana Workers Compensation, Louisiana Workmens Compensation and Louisiana Workmans Compensation?

Answer: No. Louisiana Workers Compensation, Louisiana Workmens Compensation and Louisiana Workmans Compensation are all different names that refer to the same type of benefits.

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