Louisiana Workers’ Compensation Rules Vary Depending on Your Injury
Receiving compensation for a workplace injury can be extremely difficult—especially when specific rules, forms and etiquette must be followed depending on the type of injury sustained. However, an experienced workers’ compensation lawyer can help you to understand and organize the proper tools you’ll need in order to get the payment you deserve.
The first thing you’ll need to know, is which of the two workers’ compensation forms you need to properly file your claim. You may need the Federal Employee’s Notice of Traumatic Injury and Claim for Continuation of Pay/Compensation form (CA-1), or the Notice of Occupational Disease and Claim for Compensation (CA-2) form. It all depends on your injury and how it occurred. Filing the wrong form or following the wrong procedure could cost you your benefits.
Filing for CA-1 Workers’ Compensation: Traumatic Injury
Under the Louisiana Workers’ Compensation Act, a traumatic injury is defined as any accidental injury—minor or severe—that can be proven to have occurred at one specific time as a direct result of external force or violence in the workplace. These injuries can range from cuts and sprains to more serious long-term injuries that could ultimately affect your ability to work. The following are a few examples:
- Broken bones
- Neck or spinal injuries
- Amputated or crushed limbs – Mostly caused in construction and industrial workplaces like G2X, Juniper or Magnolia
- Concussions or brain injuries
- Immediate toxic/poison exposure – Contact with concentrated forms of poisonous materials that causes immediate harm
- Second and third degree burns
In order to receive compensation for your injuries, you must be able to prove they were a direct result of a single accident at work, the severity of each injury, as well as how and why the accident occurred—faulty appliances, wet floors etc.
Filing for CA-2 Workers' Compensation: Occupational Injuries/Disease
Occupational injuries are defined as damage caused over time as a direct result of your workplace activities and duties. They are generally due to repetitive motions or continuous exposure to chemicals or toxic agents. All injuries must be proven to have solely occurred as a direct result of doing your job. The following are a few examples:
- Carpel tunnel syndrome
- Work induced asthma
- Cancer or other diseases caused by long-term chemical or toxin exposure
- Blood poisoning from heavy metal absorptions such as lead, mercury or cadmium
- Long-term carbon monoxide poisoning
Although most occupational injuries generally affect industrial workers and those who work around chemical plants, unsafe repetitive actions and constant exposure to an unknowingly dangerous workplace, could result in long-term medical problems. Always be sure to be safe and take proper precautions wherever you work.
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