Filing a workers’ compensation claim in Louisiana can be overwhelming, especially when you’re focused on healing from a workplace injury. Even a small mistake during the claims process can delay your benefits or result in a denial. This guide walks you through every step—clearly and carefully—to help you avoid those common mistakes and get the workers compensation benefits you’re entitled to under Louisiana law.
Rozas Injury Law, LLC understands how difficult this time can be for injured workers. Whether you’re dealing with lost wages, medical treatment issues, or pushback from insurance companies, we’re here to help you every step of the way.
Understanding Workers’ Compensation in Louisiana
Louisiana workers compensation law requires most employers to carry workers compensation insurance to cover employees injured on the job. This coverage helps injured workers access medical care and recover lost wages while they’re unable to work.
Under the Louisiana Workers Compensation Act, the system is designed to provide fast and fair relief without the need for a lawsuit. However, the process isn’t always smooth—especially if the injury is disputed, or if the employer or insurer challenges your medical treatment or wage replacement.
Step-by-Step: How to File a Workers’ Comp Claim in Louisiana
1. Report the injury immediately
If a work related injury happens, you must report it to your employer as soon as possible—ideally the same day the injury occurs. Under the Louisiana Workers Compensation Act, you have 30 days to report the injury, but earlier is always better to avoid claims adjuster disputes.
Include details about how the injury happened and any symptoms you are experiencing, even minor injuries. Delayed reporting is one of the most common mistakes injured workers make, and it can create doubt about the seriousness of the injury or whether it’s work related.
2. Seek medical attention and choose your own doctor
Receiving medical treatment quickly is critical not just for your health, but for your case. Under Louisiana workers compensation rules, you have the right to choose your own doctor. This doctor becomes your treating physician and is responsible for diagnosing your condition, recommending medical benefits, and referring you for specialist care or physical therapy if necessary.
Be sure to tell the medical provider that your injury is work related so your visit is properly documented as part of your workers compensation claim. Keep all medical records and follow your doctor’s treatment plan closely.
3. Employer submits the claim to the insurer
After being notified, your employer is supposed to submit a First Report of Injury form to the workers compensation insurer. This starts your claim. However, if the employer refuses to report the injury or drags their feet, you have the right to notify the Office of Workers Compensation yourself and initiate the process.
This step is critical. If your employer delays or mishandles the report, your benefits—including medical care and lost wages payments—could be delayed.
4. Verify claim acceptance and continue medical care
Once your claim is submitted, the workers comp insurer will decide whether to accept or deny your claim. If accepted, you should begin receiving compensation for necessary medical treatment and a portion of your average weekly wage.
Common mistakes include assuming the claim is active without confirming. Stay in touch with the claims adjuster, ask for updates in writing, and make sure you are getting the benefits you’re owed.
If you’re denied, you can challenge the decision by filing a disputed claim with the Office of Workers Compensation. This may lead to a hearing in front of a workers compensation judge in a workers compensation court.
5. Document everything
Keep copies of all medical records, doctor visits, prescription receipts, and any correspondence with the insurance companies or employer. This documentation is critical, especially if your claim becomes contested.
You may also be asked to attend an independent medical examination by a physician selected by the insurer or the medical director. It’s important to comply and bring all relevant medical records with you.
Common Mistakes to Avoid
Filing a workers comp claim in Louisiana without mistakes means avoiding these pitfalls:
- Not reporting the injury immediately
- Not choosing your own doctor or following the treatment plan
- Failing to document your medical care and lost time from work
- Trusting insurance companies to do the right thing without oversight
- Not seeking legal assistance when your claim is denied or delayed
Even small oversights can result in denied workers compensation benefits or limited wage replacement. If you have any concerns, talking to an experienced lawyer who focuses on Louisiana workers compensation law can make all the difference.
What Benefits Are Available Under Louisiana Workers Compensation?
Injured employees may be entitled to:
- Medical benefits for all necessary medical treatment
- Lost wages through temporary total disability, supplemental earnings benefits, or permanent partial disability
- Vocational retraining or rehabilitation if you can’t return to your previous job
- Mileage reimbursement for medical visits
- Compensation for permanent total disability if you can no longer work at all
The amount you receive is generally based on your average weekly wage prior to the injury.
Special Considerations for Independent Contractors
Louisiana law generally excludes independent contractors from workers compensation, but exceptions may apply. If you’re unsure of your classification or believe your employer is mislabeling your role, consult with an attorney.
What If Your Claim is Denied?
If your claim is denied, you’re not out of options. You can file a disputed claim with the Office of Workers Compensation and request a formal hearing. The process may involve presenting evidence, gathering witness statements, and even vocational rehabilitation services or expert medical opinions.
Legal assistance during this process can be essential. Having someone on your side who understands the system and can fight for your rightful benefits increases your chances of success.
Learn more about how to file a workers’ compensation claim in Louisiana without mistakes. Call Rozas Injury Law, LLC at (225) 343-0010 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.
FAQs About Filing Workers’ Compensation Claims in Louisiana
What medical treatment is covered under Louisiana workers compensation?
Covered treatment includes doctor visits, hospital care, surgery, physical therapy, prescriptions, and sometimes vocational rehabilitation services. You have the right to choose your own doctor, and all necessary medical treatment should be covered.
How long do I have to report a workplace injury in Louisiana?
You must report the injury within 30 days of when it occurred, but it’s best to do so immediately to avoid disputes and delays.
Can I get lost wages while I’m out of work?
Yes, if your injury prevents you from working, you may receive wage replacement based on your average weekly wage. This may include temporary total disability or supplemental earnings benefits.
What if my employer refuses to file the claim?
If the employer refuses or delays reporting your injury, you can contact the Office of Workers Compensation or a lawyer to begin the claims process yourself.
Do I need an attorney for a workers comp claim in Louisiana?
While it’s not required, having an experienced lawyer can be critical—especially if your claim is denied, you face employer retaliation, or your medical care is being delayed.
