“What If a Problem Develops with a Claim?” Louisiana Workforce Commission Answers Your Frequently Asked Louisiana Workers’ Compensation Questions

Most Louisiana workers are aware that Louisiana state workers’ compensation laws entitle most workers who are injured in Louisiana, and who are unable to work as a result of their workplace injury, to compensation to help them recover and return to work. Indeed, Louisiana workers’ compensation laws entitle most injured Louisiana workers to important benefits such as wage replacement compensation, medical expense reimbursement, vocational rehabilitation training, and other important benefits. The truth is, however, that obtaining Louisiana workers’ compensation benefits is not a “piece of cake” for many injured Louisiana workers, and the process does not always work as smoothly as an injured worker would hope. An injured Louisiana worker may ask themselves “What if a problem develops with my claim?” during the complex Louisiana workers’ compensation application process. Fortunately, the Louisiana Workforce Commission provides some insight and answers for what to do if there’s a hitch in getting your Louisiana workers’ compensation claim approved. To help injured Louisiana workers better understand the challenging Louisiana workers’ compensation process, we provide that guidance here.

Step 1: Contacting the Employer or the Employer’s Workers’ Compensation Insurance Company and Potential Mediation

According to the Louisiana Workforce Commission, the state agency that handles and processes Louisiana workers’ compensation claims, the first step that an injured worker can take if there is a problem getting their claim approved is to contact the employer or the employer’s workers’ compensation insurance company. The Louisiana Workforce Commission advises, “An employee, who has a problem with his or her claim, should first contact the employer or its workers’ compensation insurer. If the employee and the employer (or the employer’s workers’ compensation insurer) are unable to resolve the problem, either party has the right to request a mediation conference with an Office of Workers’ Compensation mediator who is a licensed attorney specially trained in the mediation process with knowledge of resolution techniques and experienced in Louisiana workers’ compensation law”.

Step 2: Contacting the OWCA

Secondly, according to the Louisiana Workforce Commission, the next step an injured worker can take is to contact an Office of Workers’ Compensation Administration (OWCA). According to the Louisiana Workforce Commission, “If the problem does not resolve at the mediation conference, an employee should contact the nearest OWCA district office to file a Form LWC-WC-1008 (Disputed Claim for Compensation). The district office can provide the employee with a Form LWC-WC-1008…A filing fee of $50 plus any applicable service fees are charged at the time of filing. If the employee is unable to afford these fees, a request may be made for approval by the Workers’ Compensation Judge to proceed without paying costs in advance.”

Step 3: Hiring a Louisiana Workers’ Compensation Lawyer 

The Louisiana Workforce Commission also advises that injured workers can work with a Louisiana workers’ compensation lawyer on their case. This may increase the injured workers’ chances of getting their benefits application approved. In addition, fee caps apply to workers’ compensation lawyers’ attorneys’ fees. The Louisiana Workforce Commission advises, “An employee may consult an attorney if he or she wishes, but it is not required. If an employee hires an attorney, the employee can be charged up to twenty percent of the amount recovered plus the attorney’s expenses.”

If you were injured on the job in Louisiana and you need legal help with your workers’ compensation claim, contact the experienced Louisiana workers’ compensation lawyers at Lunsford Baskin & Priebe, PLLC. Call Lunsford Baskin & Priebe, PLLC and speak with a lawyer about your case now.

Source:

laworks.net/FAQs/FAQ_WorkComp_RightsAndResponsibilities.asp#answer_8