Louisiana Worker's Compensation - Help For Injured Louisiana Workers

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  1. #1
    Join Date
    Apr 2011
    Posts
    2

    Angry Employer Refused My Injured Husband Workmans Comp

    My husband got hurt on the job a few weeks ago. It was the employers fault, they neglected to follow a safety rule because they were in a hurry to get the job done. They did pay for his medical bills and found he has bruised ribs and a hurt knee. The docter released him on light duty but the supervisor sent him home and doesnt want him back untill hes 100%. They are refusing to file a workmans comp form for him! They arent wanting to pay us anything and we have bills to pay, kids to take care of etc. We are thinking about talking to an Attorney because we have exhausted all other options. Is it legal for them to deny him workmans comp?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Employer Refused My Injured Husband Workmans Comp

    The docter released him on light duty but the supervisor sent him home and doesnt want him back untill hes 100%. They are refusing to file a workmans comp form for him!
    It's not up to the employER to make the decision whether or not the claim is accpeted or denied.
    ◦Any fraudulent action taken by an employer, employee or any other person for the purpose of obtaining or defeating any benefit or payment of workers' compensation will subject such a person to criminal and/or civil penalties.
    They are required to file a claim with their WC carrier.

    Follow the instructions here Key Steps in Workers' Compensation for Injured Workers
    http://www.laworks.net/WorkersComp/R...epsInjured.asp

    More on LA WC is here http://www.laworks.net/WorkersComp/OWC_WorkerMenu.asp

    It would be a good idea to consult with a couple AA/Applicant Attys...he is the "applicant".
    The docter released him on light duty but the supervisor sent him home and doesnt want him back untill hes 100%.
    That's OK... the ER is not required to provide a light duty job, but as that is the case here...he is entitled to wage replacement/TTD benefits.
    The ER is required to provide the filing form, and the IC information to an EE wishing to file a claim for WC benefits.

  3. #3
    Join Date
    Apr 2011
    Posts
    2

    Default Re: Employer Refused My Injured Husband Workmans Comp

    Thanks so much! He didnt go to the ER they brought him to their docter! So they are trying to get out of even claiming the indicent so their insurance doesnt go up! They are just seeing what they can get away with I think. But we arent gonna back down because they want us too. I knew legally they couldnt deny him workmans comp. And we have contacted an attorney that deals specifically with workmans comp issues. We are waiting to hear back.
    He may end up losing his job over this so we are torn on what to do but its just not fair. And who knows, they may turn around and "lay him off" because now hes considered a liability. Its just rediculous.

  4. #4
    Join Date
    Mar 2011
    Posts
    291

    Default Re: Employer Refused My Injured Husband Workmans Comp

    fraud works both ways.
    sounds like employer either has no insurance or is trying to cheat on his premiums.
    either way it's wrong and they need to be reported
    http://www.laworks.net/WorkersComp/F...plianceEmp.asp

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