Tag Archives: workman’s compensation attorney

Workers’ Comp Denied in Louisiana

Workers’ Comp Denied in Louisiana? Here’s How to Appeal the Decision

Author By Stephenson, Chávarri & DawsonPosted on

When your workers’ compensation claim is denied, it can feel discouraging — especially when you’re already dealing with medical bills and missed work. But a denial doesn’t mean your case is over. Louisiana law gives injured workers the right to appeal and have their case reviewed by the Louisiana Workforce Commission’s Office of Workers’ Compensation Administration (OWCA).

At Stephenson, Chavarri & Dawson, our attorneys in New Orleans, Louisiana, assist injured employees in understanding their options when a claim is denied and guide them through the appeals process.

Understanding Why Workers’ Comp Claims Get Denied

Louisiana’s workers’ compensation system is designed to protect employees who are hurt on the job, but not every claim gets approved the first time.

Common reasons for denial include:

  • The employer or insurer disputes whether the injury happened at work.
  • The claim was filed late or had missing documentation.
  • The insurer’s doctor disagrees with your medical provider about treatment.
  • Insufficient evidence linking the injury to work duties.

A denial isn’t the end — it’s the beginning of a legal process that allows you to appeal and prove your eligibility for benefits under Louisiana law.

Louisiana Workers’ Compensation Appeal Forms

Louisiana’s appeal system revolves around two main forms, each used for a different type of dispute. Filing the correct form on time is critical to protecting your rights.

Form 1008: Disputed Claim for Compensation

Form 1008 is used when your employer or insurer denies benefits such as wage replacement (TTD, SEB, or PTD) or other compensation-related issues. You generally have one year from the date of denial to file this form.

Form 1009: Disputed Claim for Medical Treatment

If your medical treatment is denied or delayed after submitting a Form 1010 (Utilization Review Request), you must file Form 1009 within 15 days of the denial, modification, or deemed denial. The OWCA’s Medical Director reviews this form first.

You can find both forms on the official Louisiana Workforce Commission website at www.laworks.net.

Under La. R.S. 23:1310.5, a final judgment by a workers’ compensation judge can be appealed to the Louisiana Court of Appeals within 30 days of receiving notice of judgment.

Louisiana Workers’ Compensation Appeal Forms

Step-by-Step Appeal Process in Louisiana

Appealing a denied workers’ compensation claim in Louisiana follows a specific order. Each stage has strict deadlines, and missing even one can delay or end your appeal.

Key Stages in the Appeal Process:

  • Start with a Form 1010 (medical treatment request).
  • If denied, submit Form 1009 within 15 days to the OWCA Medical Director.
  • If you disagree with the Medical Director’s decision, file Form 1008 within 15 days to request a judge’s review.
  • The OWC may schedule mediation before or after the 1008 filing.
  • A Workers’ Compensation Judge will then hold a hearing, usually within 60–90 days.
  • If needed, you may appeal to the Louisiana Court of Appeals within 30 days of the judge’s ruling.

Always verify the latest deadlines and form requirements directly with the Louisiana Workforce Commission (LWC) to ensure your claim remains valid.

Mediation and Hearings

Louisiana’s workers’ compensation system includes mediation to encourage early settlement. Mediation can occur before or after filing Form 1008.

During mediation, both sides meet (in person or remotely) to discuss the dispute with an OWCA mediator. If both parties agree, the issue may be resolved without the need for a hearing.

If mediation fails, the case moves to a Workers’ Compensation Judge (WCJ) at the nearest OWC district office. The judge reviews evidence, witness statements, and medical records. Failing to appear at mediation or hearings can result in sanctions or case dismissal, so staying organized and meeting deadlines is critical.

Louisiana Workforce Commission (2025): Mediation is available both before and after a 1008 filing and can help resolve disputes faster than hearings.

Injury not proven work-related

Strengthening Your Appeal

Building a strong appeal requires clear, detailed, and credible documentation. Each denial reason demands a clear response supported by evidence.

Denial Reason

Supporting Evidence
Injury not proven work-related Incident reports, witness statements, job duty records
Missed filing deadline Proof of notice date, correspondence with insurer
Medical dispute Updated doctor reports, diagnostic scans, treatment history
Employer dispute Pay stubs, work schedules, emails, or supervisor notes
Lack of medical proof OWCA Form 1010, medical records, treatment plans

Keep copies of every form, letter, and medical record. Well-organized evidence can make the difference between approval and denial.

After the Hearing: The Appeal to the Court of Appeal

If you disagree with the Workers’ Compensation Judge’s decision, you have 30 days to file an appeal with the Louisiana Court of Appeals. This is not a new trial — the appellate court reviews the existing hearing record to determine if legal errors occurred. The appeal must be properly filed and supported by legal arguments.

You can review Louisiana’s full workers’ compensation procedures and statutes directly from the Louisiana Workforce Commission website for the most accurate and updated forms.

FAQs

How long do I have to appeal a denied workers’ comp claim in Louisiana?

One year for benefit denials (Form 1008) and 15 days for medical treatment disputes (Form 1009).

What is the difference between Form 1008 and Form 1009?

Form 1008 is for benefit disputes; Form 1009 is for medical treatment disagreements.

Do I have to attend mediation before a hearing?

Yes, Louisiana allows both pre-1008 and post-1008 mediation before a hearing.

Can I still receive medical treatment during my appeal?

Approved treatments may continue; disputed ones require a review of Form 1009 prior to continuation.

What happens after a Workers’ Comp Judge decision?

You can appeal to the Court of Appeal within 30 days.

Does filing an appeal guarantee benefits?

No, each case outcome depends on the facts and available evidence.

Conclusion

A workers’ comp denial in Louisiana doesn’t mean your case is over — it means you need to act quickly and correctly. Knowing which form to file, how mediation works, and what evidence to present can make your appeal stronger.

Louisiana law gives every injured worker a fair chance to be heard. Staying within the 15-day and one-year deadlines and submitting complete documentation is essential.

If you’ve received a denial and need clarity about your next step, the attorneys at Stephenson, Chavarri & Dawson in New Orleans can guide you through Louisiana’s workers’ compensation appeal process with experience and care.

Part-Time or Temporary Worker

Louisiana Workers’ Comp for Part-Time Workers: Do You Qualify?

Author By Stephenson, Chávarri & DawsonPosted on

If you work part-time, on a temporary contract, or just for a season in Louisiana, you might have wondered: Will workers’ comp protect me if I get hurt on the job? In most cases, the answer is yes.

Louisiana law covers most employees from day one—but the rules for part-time and temporary workers can be confusing. Many people miss out on benefits simply because they’re not told they qualify.

Here’s what you need to know about how workers’ comp applies to part-time and temp workers in Louisiana—plus what to do if your claim is denied. Louisiana workers’ comp for part-time workers is an important topic.

Who Qualifies for Workers’ Comp in Louisiana?

Under Louisiana’s Workers’ Compensation Act (La. R.S. 23:1021 et seq.), most employees are covered regardless of hours worked or how long the job lasts.

“Most employees in Louisiana are covered by workers’ compensation insurance from the first day on the job — including part-time, temporary, and seasonal workers.”

Source: Louisiana Workforce Commission

Covered Worker Types:

  • Part-time employees
  • Seasonal workers
  • Temporary or contract workers
  • Staffing agency employees

Coverage typically starts on your first day, even if your job only lasts a week.

Limited Exceptions:

  • Some domestic workers
  • Certain agricultural employees
  • Independent contractors (though exceptions apply here, too)

If you’re unsure about your status, the Louisiana Office of Workers’ Compensation Administration (OWCA) can clarify your rights.

How the Law Applies to Part-Time and Temporary Workers

The definition of “employee” in La. R.S. 23:1021(7) is broad. It includes anyone in the service of another under a contract of hire, regardless of hours worked.

This means that:

  • A part-time retail worker is likely covered
  • A temp warehouse employee hired through an agency is usually covered
  • A holiday-season server at a restaurant is likely covered

If you’re employed through a staffing agency or as a borrowed employee, the staffing agency’s workers’ comp policy usually provides coverage. However, in some cases, the host employer’s insurer may also be responsible. This prevents gaps in protection, even when your paycheck comes from one company and you work at another’s location.

There are exceptions. Independent contractors, certain domestic employees, and some agricultural workers may not be covered unless specific conditions are met.

Always check with the Louisiana Office of Workers’ Compensation Administration (OWCA) if you’re unsure.

Calculating Benefits for Part-Time

Calculating Benefits for Part-Time and Multiple Jobs

The amount you receive if you’re injured depends on your Average Weekly Wage (AWW). For part-time workers, this is calculated based on your actual earnings, not on a full-time salary. The formula is outlined in La. R.S. 23:1021(12).

If you have more than one job, known as moonlighting, wages from both jobs may be included in the calculation if Louisiana workers’ comp covers both employers.

For seasonal workers, the AWW may be based on annualized earnings to reflect your typical income better.

Example scenarios:

  • A part-time barista earning $320/week would have benefits based on that amount
  • A temp worker with two jobs (earning $250/week at each) might be able to combine both wages
  • A seasonal delivery driver’s income may be annualized to better reflect true earning potential

If You Work Multiple Jobs

If both jobs are covered under Louisiana workers’ comp, your total earnings can be considered. This can significantly increase the amount of your benefits.

Waiting Periods, Benefit Types, and Duration

Louisiana has a short waiting period before benefits start under La. R.S. 23:1224, no benefits are paid for the first seven days unless the disability lasts more than 14 days. In that case, the first week is paid retroactively.

Waiting Period Rule (La. R.S. 23:1224): “No compensation shall be paid for the first week after injury unless disability continues for two weeks or longer, in which case compensation shall be computed from the date of the injury.”

Part-time and temporary workers may be entitled to:

  • Temporary Total Disability (TTD) if they cannot work at all.
  • Temporary Partial Disability (TPD) if they can work fewer hours.
  • Supplemental Earnings Benefits (SEB) if they return to work but earn less than 90% of their pre-injury wages.

These benefits apply whether you work full-time or part-time, as long as you meet the injury and employment requirements.

Other Protections and Special Cases

Remote and hybrid workers are covered if they can show that an injury happened during the course and scope of employment. This includes work-related injuries at home.

Louisiana law also makes it clear that immigration status does not affect eligibility.

“Workers’ compensation benefits are available to employees regardless of immigration status.” Source: Louisiana Department of Insurance

Employees are protected from retaliation under La. R.S. 23:1361, which prohibits firing or discriminating against someone for filing a workers’ comp claim.

If your claim is denied, you can file a Form 1008 with the OWCA to request a formal hearing.

Protections and Special Cases

Louisiana Workers’ Comp at a Glance for Part-Time & Temporary Workers

Worker Type Covered? AWW Basis

Wait Period

Key Note
Part-Time Yes Actual pay 7 days; 14 retro Can combine jobs
Temporary Yes Temp wages 7 days; 14 retro Often via staffing agency
Seasonal Yes Annualized 7 days; 14 retro Holiday hires covered
Remote/Hybrid Yes Actual pay 7 days; 14 retro Must be work-related

Filing a Claim and Next Steps

If you’re injured, report it to your employer as soon as possible. In most cases, you have 30 days to report the injury, though sooner is better. Your employer should file a claim with their insurer, who will notify the OWCA.

If your claim is denied or delayed, you can initiate a dispute by filing Form 1008 with the OWCA. This starts the hearing process, where evidence can be presented.

While you can file a claim on your own, navigating complex situations like multiple jobs, staffing agency arrangements, or disputes often requires legal guidance.

FAQs

Do part-time employees qualify for workers’ comp in Louisiana?

Yes. Louisiana law covers part-time, full-time, seasonal, and temporary workers from their first day, ensuring wage replacement and medical benefits if they’re injured on the job.

Who provides coverage if I’m hired through a staffing agency?

Usually, the staffing agency’s workers’ comp policy applies, though in some cases, the host employer may also share responsibility depending on the work arrangement and contract terms.

How is my benefit amount calculated if I work multiple jobs?

If Louisiana workers’ comp covers both jobs, wages from each may be combined when calculating your average weekly wage, increasing potential benefit payments.

Do I still get benefits if I’m undocumented?

Yes. Immigration status doesn’t affect eligibility for workers’ comp benefits in Louisiana, so undocumented employees can receive medical care and wage loss payments if injured at work.

What if I’m injured while working remotely?

If your injury occurs while performing job-related duties, even from home, it may qualify for Louisiana workers’ comp benefits, provided you can prove it was work-related.

Conclusion

Whether you work part-time shifts, seasonal gigs, or short-term roles, you likely have the same rights as full-time workers when it comes to workers’ compensation in Louisiana.

What matters most is that you take action quickly if you’re injured:

  • Report the injury right away
  • Document your wages and work duties
  • Ask questions if you’re unsure about coverage

If your claim has been denied—or you’re worried about getting lost in a complex process—Stephenson, Chávarri & Dawson can help you move forward with confidence.

If you’ve been injured while working part-time, seasonal, or temporary jobs, Stephenson, Chávarri & Dawson can explain your options and fight for your rights. Contact us for a free consultation today.

Can I File a Personal Injury Claim While Collecting Workers’ Compensation?

Author By Stephenson, Chávarri & DawsonPosted on

Are you on Workers’ Compensation? If so, you might be wondering whether you can file a personal injury claim while receiving workers’ compensation benefits.

This is a common concern for employees who want to ensure they receive full compensation for their injuries. The good news is that you may be eligible for workers’ compensation and personal injury damages in certain situations. However, understanding the legal distinctions between workers’ compensation and personal injury claims is essential to avoid pitfalls.

Workers’ compensation is a no-fault system. It helps employees cover medical bills and lost wages after a work-related injury. On the other hand, a personal injury lawsuit is based on negligence. It allows injured individuals to recover damages beyond what workers’ compensation provides. In Louisiana, specific laws determine when you can file both claims. Let’s explore how these laws work and what you need to know.

Understanding Workers’ Compensation in Louisiana

Workers’ compensation is an insurance program that provides benefits to employees who sustain work-related injuries. Unlike personal injury lawsuits, workers’ comp does not require proof of fault. The employee is entitled to benefits if the injury occurred while performing job duties. They don’t need to prove someone else negligently caused their injuries to be eligible for workers’ comp.

Workers’ compensation covers medical expenses, wage loss benefits, and rehabilitation costs. However, it does not provide compensation for pain and suffering. This is one of the most significant limitations of workers’ compensation—and it’s why some injured workers explore personal injury lawsuits.

Louisiana’s Workers’ Compensation Act (La. R.S. 23:1020.1, et seq.) governs these claims.

Under this law, employers must carry workers’ compensation insurance. The law also states that employees generally cannot sue their employers for workplace injuries. However, there are exceptions. In some instances, a third-party lawsuit may be an option.

Louisiana Workers’ Compensation Act (LWCA) (La. R.S. 23:1020.1, et seq.) ensures that employees injured on the job receive medical and wage loss benefits. However, the law generally prevents them from suing their employer directly.

When Can You File a Personal Injury Lawsuit While Receiving Workers’ Compensation?

Workers’ compensation typically prevents employees from suing their employers. However, it does not block them from suing third parties responsible for their injuries. A third-party lawsuit allows you to seek additional damages that workers’ comp doesn’t cover, such as pain and suffering.

You can file a third-party claim or lawsuit when someone other than your employer is responsible for your injury. Here are some common scenarios:

  • Car accidents on the job: If you’re a delivery driver or travel for work and are injured by another motorist, you can sue the at-fault driver while collecting workers’ compensation.
  • Defective equipment or machinery: If a workplace injury occurs due to faulty equipment, the manufacturer may be liable.
  • Negligent contractors or property owners: If you’re injured at a construction site due to the negligence of a contractor or property owner, you may have a claim.

It’s important to note that Louisiana follows a comparative fault system (La. C.C. Art. 2323), which means if you’re partially responsible for your injury, your compensation may be reduced. For example, if you were 20% at fault in an accident, your damages would be reduced by 20%.

Workers’ Compensation vs. Personal Injury: Key Differences

Since workers’ compensation and personal injury lawsuits operate under different legal rules, understanding their differences is crucial.

Factor Workers’ Compensation Personal Injury Lawsuit
Fault Requirement No-fault system (employer liability irrelevant) Requires proving negligence
Compensation Covers medical bills, wage loss Includes medical costs, lost wages, pain & suffering
Pain & Suffering Not covered Can be claimed
Right to Sue Employer Generally not allowed Only if employer was grossly negligent or intentional

Exceptions: When Can You Sue Your Employer Directly?

Most workplace injuries are handled through workers’ compensation. That said, some exceptions allow employees to sue their employers.

One key exception is intentional misconduct. An injured worker may file a lawsuit instead of relying on workers’ comp if an employer intentionally causes harm.

According to La. R.S. 23:1032(B), an employer can only be sued if they engage in intentional misconduct leading to injury.

Another exception applies to uninsured employers. Louisiana law mandates that employers carry workers’ compensation insurance. They lose their protection from lawsuits if they fail to do so, allowing injured workers to sue them directly for full damages.

Employers in Louisiana must carry workers’ compensation insurance. Failing to do so can make them directly liable for damages.

What to Expect When Filing a Personal Injury Claim While on Workers’ Compensation

There are important considerations to be aware of if you pursue a personal injury lawsuit while receiving workers’ comp. One major factor is subrogation, which means the workers’ compensation insurer may seek reimbursement from your personal injury settlement.

For example, if you receive workers’ compensation benefits and later win a personal injury case, the workers’ comp insurer may require you to repay the benefits they covered.

Another critical factor is Louisiana’s statute of limitations. In most cases:

  • Workers’ compensation claims must be filed within one year of the accident (La. R.S. 23:1209).
  • Personal injury lawsuits must be filed within one year under Louisiana’s prescriptive period (La. C.C. Art. 3492).

Acting quickly is crucial to preserving your rights.

Worker’s compensation FAQs

Can I receive workers’ compensation and a personal injury settlement simultaneously?

Yes, but any compensation from a personal injury lawsuit may require reimbursement to the workers’ compensation insurer for already-paid benefits. This is known as subrogation.

What happens if my employer does not have workers’ compensation insurance?

If your employer fails to carry the workers’ comp insurance required, you can sue them directly for full damages. This includes damages that workers’ compensation doesn’t cover, like pain and suffering.

How do I prove third-party negligence in a personal injury case?

You must show that someone other than your employer caused your injury to prove third-party negligence. Evidence such as accident reports, witness statements, and expert testimony can help establish fault.

Does a workers’ comp claim limit how much I can recover in a personal injury case?

Not directly. However, workers’ comp benefits may be deducted from your personal injury settlement through subrogation. An attorney can help maximize your recovery.

Is there a deadline to file a personal injury claim while on workers’ compensation?

Yes, under Louisiana law, you generally have one year from the date of the injury to file a personal injury lawsuit (La. C.C. Art. 3492).

Get Help Collecting Both Workers’ Comp and a Personal Injury Settlement

Understanding your legal options is crucial after being injured at work. While workers’ compensation provides benefits, it has limitations, especially when it comes to pain and suffering. In cases involving third-party negligence, you may be eligible for a personal injury lawsuit in addition to workers’ compensation benefits.

Suppose a third party, such as a negligent driver, a defective product, or an unsafe worksite, caused your injury. In that case, you may have the right to pursue additional compensation beyond what workers’ comp offers. However, laws in Louisiana can be complex, and making the wrong move could affect your ability to recover the full amount you deserve.

At Stephenson, Chávarri & Dawson, LLC, our experienced attorneys understand the complexities of Louisiana’s workers’ compensation and personal injury laws. If you’re unsure about your legal options or whether you qualify for a third-party claim, we’re here to help.

Get your free consultation today to discuss your case and explore the best legal path forward. Protect your rights and maximize your compensation by speaking with a legal professional who understands your situation.

© 2022 by Stephenson, Chávarri & Dawson, L.L.C. All rights reserved. Disclaimer | Privacy Policy
Call Now: 504-523-6496