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New Orleans, LA (WorkersCompensation.com) -- States produce informational forms, flyers, and posters spelling out the foundational tenets of workers' compensation law and how it applies to employees and employers. As Simply Research readers know, Louisiana is one such state.
Here's an overview of some info Louisiana recently published on the basics of state workers' compensation law.
Employee Rights
In Louisiana, employees have the right to:
+ Medical treatment
+ 66 2/3% of wages
+ Vocational Rehabilitation
+ Choice of physician
+ Death Benefit
+ Lump sum payment for catastrophic losses
Employer Responsibilities
On the other hand, employers are required to:
+ Pay for all reasonable and necessary medical treatment
+ Pay indemnity benefits
+ Select and pay for a vocational rehabilitation counselor to assist the worker to return to the workforce
Independent Medical Exams
If a dispute arises as to the condition or capacity of the injured worker, any party may request the appointment of a medical practitioner to examine the injured employee.
Appeal Medical Treatment Denial
If any dispute arises as to whether the recommended care, services, or treatment is in accordance with the medical treatment schedule, or whether a variance is reasonably required, an aggrieved party shall file an appeal with the OWCA Medical Director by filing a disputed claim for medical treatment or 1009.
After issuance of the decision by the Medical Director, any party who disagrees with the decision may appeal by filing a Disputed Claim for Compensation or 1008.
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About The Author
About The Author
-
Frank Ferreri
Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.
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