When an employee is injured during the course and scope of their employment, they may have a workers’ compensation cause of action.  Workers’ compensation is governed by La. R.S. 23:1021, et seq.   There are some exceptions to a person’s entitlement to compensation from his/her employer, such as horseplay, intoxication or a dispute with another employee.  Injuries sustained out of incidents arising from these types of accidents are not covered under workers’ compensation.  La. R.S. 23:1081

Anyone performing services arising out of and incidental to his employment in the course of his own trade, business or occupation or in the course of his employer’s trade, business or occupation is entitled to workers’ compensation.  However, there are exceptions as to who is entitled to receive workers’ compensation listed in La. R.S. 23:1035. 

Under the workers’ compensation scheme, it is the duty of the employer, not the employee, to pay the medical benefits and expenses of the injured employee.  The employer has a duty to furnish all necessary drugs, supplies, hospital care and services, medical and surgical treatment, and any nonmedical treatment recognized by the laws of this state as legal according to La. R.S. 23:1203(A). The employer or the insurer must pay workers’ compensation medical benefits within sixty days after receiving written notice of those expenses. Therefore, if an employer fails to pay medical expenses timely, penalties and attorney fees may be imposed under La. R.S. 23:1201(F).

The schedule of payments for compensation of temporary total disability; permanent total disability; supplemental earnings benefits; and permanent partial disability shall be paid in accordance with La. R.S. 23:1221.

The maximum compensation allowed by La. R.S. 23:1202 is 75% of the average weekly wage and the minimum compensation allowed is 20% of the average weekly wage.

In case of an employee’s death arising from a work-related injury, the employer shall pay reasonable expenses for the burial of the employee, not to exceed $7,500.00.

An employee will not be entitled to compensation unless notice of the injury has been given to the employer within 30 days after the date of injury or death.  The notice must (1) be in writing, (2) contain the name and address of the employee, (3) state in ordinary language the time, place, nature and cause of the injury, and (4) be signed by the person providing the notice.

Anyone who is entitled to receive workers’ compensation benefits must file suit within one year of the accident or his claim is barred and he will receive no compensation.

Murphy Law Firm handles workers’ compensation cases throughout Louisiana including Baton Rouge, New Orleans, Shreveport, Lafayette, Monroe, Alexandria, Hammond, Lake Charles and surrounding areas.  If you have been injured on the job, contact the Murphy Law Firm today.