If you've been injured while working in Louisiana, you may have concerns about your rights under the state's workers' compensation laws, particularly whether your employer can terminate your benefits. The short answer is that your employer cannot simply cut off your benefits without valid legal reasons. However, there are specific circumstances where benefits may be reduced or stopped. Understanding Louisiana's workers' compensation laws can help you protect your rights and ensure you receive the benefits you deserve.

Did Your Benefits Stop? Delsa Law Firm, LLC Can Help.

If your Louisiana workers' compensation benefits have been delayed, reduced, or stopped, you don't have to face this battle alone. Whether you're worried about your employer refusing to cover medical expenses or unsure about your eligibility for ongoing benefits, we are here to help. Don't let the stress of denied benefits hinder your recovery. Call us at (985) 882-1222 or contact us online for a free consultation.

What Is Workers' Compensation in Louisiana?

Workers' compensation in Louisiana provides medical benefits and wage replacement for employees who suffer work-related injuries. In return, employees generally waive their right to sue their employer, except in cases of intentional harm.

Under Louisiana Revised Statutes (La. R.S.) 23:1021-1379, an injured employee is entitled to benefits without needing to prove employer negligence. As long as your injury occurred within the scope of employment, you have the right to workers' compensation benefits.

Can My Employer Terminate My Workers' Compensation Benefits?

One of the biggest concerns for injured workers is whether an employer can terminate workers' compensation benefits. Louisiana law protects workers from losing their benefits without proper cause. Under La. R.S. 23:1201, employers must provide necessary medical treatment and wage replacement benefits for qualifying injuries. However, benefits may be discontinued under certain circumstances, such as when the worker has recovered enough to return to work.

If an employer improperly stops benefits, you have the right to file a dispute with the Louisiana Office of Workers' Compensation Administration (OWCA) to challenge their decision.

When Can Your Benefits Be Stopped?

Although your employer cannot arbitrarily terminate your benefits, there are situations where they may legally be reduced or discontinued:

• You Reach Maximum Medical Improvement (MMI): Once your condition stabilizes and further medical treatment is unlikely to improve your injury, your temporary disability benefits may stop. If you have a permanent disability, you may qualify for supplemental earnings benefits.
• You Return to Work: If you are medically cleared to return to work, either in your previous role or a modified capacity, your wage replacement benefits may end.
• Failure to Attend Medical Evaluations: Louisiana law allows employers to require injured workers to undergo periodic medical evaluations. Refusal to comply with these evaluations could lead to a suspension of benefits.
• Engaging in Fraud or Misrepresentation: If an employer or insurer discovers that a worker has provided false information regarding their injury or ability to work, benefits may be terminated under La. R.S. 23:1208.

Special Circumstances Where Benefits Might Be Denied or Stopped

There are specific cases where an employer may challenge your right to workers' compensation, including:

• Willful Misconduct: If an employer proves that your injury resulted from intoxication, drug use, or reckless behavior, benefits may be denied under La. R.S. 23:1081.
• Injuries Not Arising from Employment: If your injury did not occur during work-related duties or happened outside the course of employment, your claim could be denied.
• Refusing Suitable Employment: If your employer offers you a light-duty job that you are medically able to perform and you refuse it, your benefits may be reduced or discontinued.

   

  

• What Can You Do If Your Employer Tries to Deny or Stop Your Benefits?

  If your employer wrongfully stops or denies your benefits, you have legal options:

  • File a Claim with the OWCA: You can dispute an employer's decision by filing a claim with the Louisiana Office of Workers' Compensation Administration.
  • Consult a Workers' Compensation Attorney: A skilled attorney can help you challenge benefit denials, help ensure you receive the full amount you're entitled to, and represent you in hearings.

  How Can a Workers' Compensation Lawyer Help?

  Navigating Louisiana's workers' compensation laws can be challenging. A workers' compensation lawyer can help by:

  1. Explaining Your Rights: Understanding Louisiana-specific laws and ensuring you receive the benefits you deserve.
  2. Challenging Employer Denials: Filing claims and representing you in hearings before the OWCA.
  3. Securing Full Benefits: Ensuring you receive all compensation for permanent disability or ongoing medical care.
  4. Fighting for Medical Coverage: Holding employers accountable for necessary treatments.
  5. Handling Employer Changes: Ensuring your benefits continue even if your employer closes or is acquired by another company.

If you are struggling to receive your workers' compensation benefits, don't hesitate to consult with a knowledgeable Louisiana workers' compensation attorney who can protect your rights.

Workers' Compensation Attorneys in Slidell Louisiana

If you've been injured on the job, obtaining the benefits you deserve shouldn't be a struggle. Unfortunately, many Louisiana workers face delays and denials. Whether your employer has tried to stop your benefits or you're experiencing difficulties with your claim, Attorney Delsa is here to fight for your rights. Contact Delsa Law Firm, LLC today at (985) 882-1222 or reach out online for a free consultation.