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WHAT TYPE OF INJURIES AND ILLNESSES ARE COVERED BY WORKERS'
COMPENSATION INSURANCE IN LOUISIANA?
The Louisiana Workers' Compensation Act covers
people who experience a work-related accident or illness.
Louisiana Revised Statute 23:1021(1) defines "accident" as:
"An unexpected or unforeseen actual, identifiable, precipitous
event happening suddenly or violently, with or without human
fault, and directly producing at the time objective findings
of an injury which is more than simply a gradual deterioration
or progressive degeneration."
Though the
Louisiana Courts initially followed a very restrictive
interpretation of what constituted an “accident,” the term has
gradually become more inclusive. Currently,
some injuries that are caused by repetitive motion, such as an
afternoon of lifting unusually heavy boxes while working as a
stocking or shipping clerk, may be covered by Workers’
Compensation. Other injuries, such as back pain that develops
over a period of days or weeks, may not be covered. In many
claims, there is no clear, easy answer. The determination will
depend upon the circumstances of the injury and your ability
to pinpoint the specific moment in which the accident
occurred.
WORK-RELATED ILLNESSES
In
addition to providing coverage for work-related accidents, the
Louisiana Workers' Compensation Act also provides coverage for
some work-related illnesses or diseases. The illness must be
disabling, and must result from causes and conditions that are
"characteristic of and peculiar to" the employee's job or work
environment.
In most circumstances, if you develop an
illness during your first year on the job with your employer,
the law presumes that your medical condition is not
work-related. That presumption can be overcome and your claim
can be successful if you have convincing evidence which shows
that your medical condition was caused by your employment.
The Louisiana Workers' Compensation Act specifically provides
coverage
for some medical conditions, such as
carpal tunnel syndrome. Other medical conditions, like degenerative disc disease, arthritis, mental illness and heart
disease, are specifically excluded from coverage. While these conditions are excluded
from the Occupational Illness statute, they may still impact
the severity of an injury caused by a work-related accident.
They may also limit your ability to return to work when you've
reached maximum medical improvement from another injury that is
covered by the Louisiana Workers' Compensation laws.
If you become disabled because of a work-related illness,
your Workers' Compensation benefits should based upon the wages
you were earning at the time you stopped working for your employer, or the date of
your last exposure to the condition
that caused the illness, whichever is later.
Next: Vocational Rehabilitation
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