Louisiana Workers Compensation Claims: Eligibility, Filing and Appeals

In Louisiana, all employers must provide their employees with workers' compensation coverage, even in the case of temporary work or work paid for in cash. Workers' Compensation insurance protects workers who suffer illness or injury while on the job, and medical expenses and lost wages may be paid to workers who qualify for benefits. The Louisiana Office of Workers’ Compensation Administration administers the Louisiana Workers’ Compensation Act. In 2008 there were 14,761 undisputed claims processed by the Louisiana Office of Workers’ Compensation Administration. Approximately 20,000 workers are injured on the job in Louisiana each year.

Covered Work Related Injuries

Work related accidents that result in bodily injury are covered under the Louisiana Workers Compensation Act. Injuries caused by repetitive motion may also be covered. Workers compensation also covers certain work related illnesses and diseases, such as carpal tunnel syndrome. Other conditions, such as arthritis, heart disease, and mental illness are generally not covered. Whether or not an injury or illness is covered often depends on the specific circumstances of the case and how the illness or injury was caused.

How to File a Louisiana Workers Compensation Claim

Employees must report an accident or injury to their employer within thirty days of the incident. The employer will then send a report to their insurance company and to the Louisiana Office of Workers' Compensation Administration using the Louisiana Department of Labor Form 1007, also called the Employer Report of Injury or Illness. The employee should also see a doctor of their choice, though employers may also require an examination by a doctor of their choice. To file a disputed compensation claim and have the matter heard by a judge, Form 1008 should be filed with the Office of Workers Compensation.

Workers Compensation Claim Denials

Workers Compensation insurers follow specific review procedures in order to determine the validity of a claim. Claims may be denied if the medical treatment a claimant is seeking payment for is deemed medically unnecessary. Claims may also be denied if the illness or injury was not clearly caused by a work related activity or situation. Improper or incomplete documentation and incorrectly filled out forms may also lead to a claim denial.

Appealing a Denial of Compensation

An employee may file a Disputed Claim for Compensation by filling out Form LWC-WC 1008 and submitting it to the Louisiana Office of Workers Compensation. There are specific time restrictions that relate to the appeals process, depending on the nature of the appeal, though generally claims must be filed within one to two years. If income benefits have not been paid, a claim must be filed within one year of the accident date. Filing a claim may result in a settlement or a trial in a Louisiana Workers Compensation Court.

Louisiana Workers Comp Benefits

Workers Compensation benefits are paid by an employer's insurance carrier or by the individual employer if they are self-insured. Four different types of benefits are provided under Louisiana Workers Compensation Law. They are Temporary Total Disability Benefits, Supplemental Earnings Benefits, Permanent Partial Disability Benefits, and Permanent Total Disability Benefits. These benefits entitle workers to a set percentage of their weekly wage. The percentage depends on the type and nature of the injury, as well as certain minimum and maximum benefit levels. Generally benefits amount to approximately two thirds of an employee's average weekly wage.

Hiring a Louisiana Workers Compensation Lawyer

Lawyers are often consulted in the event of a compensation claim dispute. Often insurance carriers deny medical treatment claims, and employers may even wrongfully terminate an employee due to a compensation claim. Insurance corporations may attempt to reduce or undercut the amount of compensation a worker should be entitled to. Lawyers are consulted for these and many other reasons in order to protect and defend the rights of injured workers.

Louisiana Workers Compensation Office Locations

Louisiana Office of Workers’ Compensation Administration
Mailing Address:
Post Office Box 94040
Baton Rouge, Louisiana 70804-9040
Street Address:
1001 North 23rd Street
Baton Rouge, Louisiana 70802-9094
(225) 342-7555, Fax: (225) 342-5665

District 1E Hearing Office
1908 Stubbs
Monroe, LA 71201
(318) 362-3078

District 1W Hearing Office
9234 Linwood
Shreveport, LA 71106
(318) 676-5331

District 2 Hearing Office
3724 Government Street
Alexandria, LA 71302
(318) 487-5966

District 3 Hearing Office
4250 Fifth Avenue
Lake Charles, LA 70607
(337) 475-4882

District 4 Hearing Office
556 Jefferson Street, First Floor
Lafayette, LA 70501
(337) 262-1057

District 5 Hearing Office
224 Florida Blvd.
Baton Rouge, LA 70801
(225) 219-4378

District 6 Hearing Office
19374 N. Third Street
Covington, LA 70433
(985) 871-1258

District 7 Hearing Office
880 West Commerce Rd.
Harahan, LA 70058
(504) 736-8606

District 8 Hearing Office
Amoco Building, 1340 Poydras Street
New Orleans, LA 70112
(504) 568-6952

District 9 Hearing Office
8026 Main Street
Houma, LA 70360
(504) 857-3775

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