Louisiana Worker's Compensation - Help For Injured Louisiana Workers

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  1. #1
    Join Date
    May 2010
    Location
    Opelousas
    Posts
    5

    Angry Employer Has No Workers Comp Insurance

    My workers compensation claim was made in the State of: Louisiana

    How can a company get away with NOT having any type of insurance for their employees? After being seen twice in the ER room, I was told that S1 and L5 have been strained and I now have bulgeing disk. That was after a CT Scan and an Xray. i was RX'ed some steroids inflamation hoping that would help. I was also given pain medication along with a muscle relaxant. Nothing is working for me. i was then seen by an ortho spec. and was told that he wanted a MRI to confirm what the ER had found out. Now.....nothing else has happened. I am in extreme pain, no w/c ins, no medical attention. My better half has to do everything for me. LITERALLY..walk me to/from places, get up/out of bed, help me dress...well you get the pic. I also have 5 children who need their mother. My bills are soon going to be due and I will be out of luck every which way. How can I live in this much pain due to an accident at work and be treated so inhuman like?

  2. #2
    Join Date
    May 2010
    Posts
    357

    Default Re: No Workers Comp Ins

    Quote Quoting caregiver2010 View Post
    My workers compensation claim was made in the State of: Louisiana

    How can a company get away with NOT having any type of insurance for their employees? After being seen twice in the ER room, I was told that S1 and L5 have been strained and I now have bulgeing disk. That was after a CT Scan and an Xray. i was RX'ed some steroids inflamation hoping that would help. I was also given pain medication along with a muscle relaxant. Nothing is working for me. i was then seen by an ortho spec. and was told that he wanted a MRI to confirm what the ER had found out. Now.....nothing else has happened. I am in extreme pain, no w/c ins, no medical attention. My better half has to do everything for me. LITERALLY..walk me to/from places, get up/out of bed, help me dress...well you get the pic. I also have 5 children who need their mother. My bills are soon going to be due and I will be out of luck every which way. How can I live in this much pain due to an accident at work and be treated so inhuman like?


    Use your computer and do a search for your state. See if it is mandatory for a employer to carry worrkmasn comp. ins.....I would tell anyone that listens if you have any questions and or hurt badly at work. Call an attorny, it shouldnt cost a dime to ask a few simple questions....I wish you the best of luck and healing!

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: No Workers Comp Ins

    Information about WC in Louisana is here http://www.laworks.net/FAQs/FAQ_Work...alServices.asp

    WC is a set of laws that govern the benefits your employer is liabile for when there is industrial injury/illness, the employer is the insured party, not the employee.
    You are not covered for medical treatment as you would be under your own health coverage or GHP/Group Health Plan provided by your ER as a 'benefit'.
    As you see below, all ERs in LA are required to carry WC insurance, or be legally self insured.
    1.I'm a new employer in Louisiana. How do I know if I need workers' compensation insurance?
    All public and private employers in Louisiana, with limited exceptions, are required to provide workers' compensation insurance coverage for their employees. Any person hired to perform services for remuneration, whether full or part-time, is considered an employee. There are few exemptions (PDF) to this requirement. If you are unsure, contact the Financial & Compliance section of the Office of Workers' Compensation Administration (OWCA).
    As you are having difficulty in getting benefits/treatment for your injury, you should discuss your options with the OWC
    a or an attorney.

  4. #4
    Join Date
    May 2010
    Location
    Opelousas
    Posts
    5

    Angry Re: No Workers Comp Ins

    So are you saying that W/c does not cover the employee if he/she is hurt while on the job? I don't quite understand. All companies in the state of LA must carry W/C Ins. with the exception of Railroad and Farmers (a few more I am don't remember). I have a minor(to the company) but major issue(to me). I am unable to do anything in life like I did a month ago. I depend on others to help me for everything. Why is it that i can't see a dr. or be allowed W/C benefits. Shouldn't the company be in trouble?

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: No Workers Comp Ins

    So are you saying that W/c does not cover the employee if he/she is hurt while on the job?
    WC is not 'insurance', it's a system or set of laws that define the liability of the ER/carrier.
    The WC insurance policy the ER buys covers their liability, makes sure there are funds there for the ER to pay for treatment and other benefits.
    The employee/injured worked is not 'insured'. The ER can be legally self insured if they quality. There would then by no ''insurance'' at all. The ER would pay benefits out of pocket.
    Why is it that i can't see a dr. or be allowed W/C benefits. Shouldn't the company be in trouble?
    If your claim is being denied, you need to discuss your options with an attorney. You'll have to take the ER/carrier to court and get a judge to order the claim/benefits paid.

  6. #6
    Join Date
    May 2010
    Location
    Opelousas
    Posts
    5

    Default Re: No Workers Comp Ins

    I was told by the comp. at the mediation hearing that they have no coverage. I am at my wits end already. No benefits and no medical attention. I need what I can't get because they failed to follow the law. So I have to suffer because they failed to follow the law. I don't understand at all. As for my attorney, I don't know what to say there either. I can't even go to a doctor. How am I suppose to get better? What about some kind of treatment?

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: No Workers Comp Ins

    As your employer was not legally insured for industrial injury, your claim becomes similar to a PI/personal injury claim. You sue the ER in civil court. (If that's what the law allows).

    In a PI claim, you would have to get treatment on your own, usually under your own health coverage, unless it were an auto accident, then be reimbursed when the industrial injury claim settles.

    You should definately be in contact with your atty office. If you don't have health coverage, the atty could possibly find a Dr to provide treatment on a lien basis. Not all providers will do this however. Your alternative is to pay out of pocket.
    Even with a court order from a comp judge, if your ER isn't going to pay, you can't get blood out of a turnip.

    Just because the ER has no workers compensation insurance, does not relieve them of the liability to your injury.

  8. #8
    Join Date
    May 2010
    Location
    Opelousas
    Posts
    5

    Default Re: No Workers Comp Ins

    Now I am understanding a little better. Thank you. I will call my attorney Mon and ask some more questions. I thought that the employer's insurance would cover me medically. I was told that 2/3 of my pay was suppose to made to me after the first 7 days of injury. Now I know better. What I need most is medical treatment. I would rather be working and making money rather than sitting here in pain and misery. How I wish I could go to work. I am paying for all my medication out of pocket. There is no possible way that I can honestly afford my own medical treatment. It sucks, but it's true.

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: No Workers Comp Ins

    Find out from your atty if LA has an uninsured employer fund... that's where benefits would be provided from....they will go after your ER in court. And it won't be 'pretty' either.

  10. #10
    Join Date
    May 2010
    Location
    Opelousas
    Posts
    5

    Default Re: No Workers Comp Ins

    I found out today that I CAN see my doctor for my back and hip and them employer will have to reimburse the state. WHOOO HOOOOO!!! I have been in so much pain and misery. I am a little relieved. Now I have applied for state insurance. I can see a little light at the end of my tunnel. I was also told that a trial can take months. I am in financial ruins, about to loose my van, can't afford anything. I guess i will loose everything I have. I am scared, so very scared.

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