Workers’ compensation pays for the cost of medical care and lost wages when you've suffered an on-the-job injury. These benefits must be provided by your employer regardless of your employment status, which means that a part-time worker typically is eligible for workers’ compensation benefits.
Determining Eligibility for Workers’ Compensation
Louisiana law requires employers to provide workers’ compensation insurance coverage even if they have only one employee. The law makes no distinction between full-time, part-time, temporary, and seasonal workers. For example, a teenager working part time at a fast food restaurant maintains the same eligibility as an adult working full time in a factory. However, employees of a private residence or a private unincorporated farm may be exempt depending on the specific duties they perform.
You'll receive the same level of medical coverage regardless of your working status. In the case of a permanently disabling injury, all workers have the same eligibility for vocational rehabilitation services. The number of hours you typically work per week only affects your eligibility for income replacement benefits, since this type of workers' compensation coverage is calculated based on your earnings.
Eligibility for workers' compensation benefits begins on your first day of employment. This means, you should receive benefits even if you are injured during your initial training period. Your income replacement benefits will simply be calculated based on the expected earnings for the position.
Seeking Workers' Compensation Benefits
After suffering a work-related injury, you should report the incident to your supervisor immediately. Establishing a formal record of your injury is the first step to receiving benefits.
Your employer is not legally required to hold your job for you following a workplace injury, but Louisiana law prevents employers from firing a worker solely because he filed a workers' compensation claim.
Since workers' compensation laws are quite complex, it is advisable to retain the services of an attorney who is experienced in advocating for the needs of injured workers. Neblett, Beard & Arsenault is committed to assisting Louisiana residents in accessing their available workers' compensation benefits. Please call to schedule a free, no-obligation initial case review at one of our six office locations.