The AIA represents approximately 350 Insurance companies that write more than $123 Billion in annual premiums. The only time the AIA “applauds” something is when it is beneficial to them.

I hope that the new legislation (Senate bill 303) is beneficial to the injured worker. I hope that the reform of the Louisiana workers compensation system involves helping the injured employee and not the insurance company or the employer. The insurance industry has already influenced Governor Jindal to veto a bill that would have helped injured workers.

Let’s see if the new legislation helps out the one who is getting the short end of the stick after a work injury.

What other rights are you entitled to?

What other compensation can you receive when you have a workers comp claim?

Don’t be afraid to call your adjuster. Ask him or her what you are entitled to after your work injury. Ask them about reimbursement for trips to the doctor and pharmacy. Ask them if you can choose your own doctor. Ask them how they calculated your workers comp wages. Then you can call us and we can explain all of your rights under the Louisiana workers compensation laws, even the rights that some of the insurance companies don’t tell you about.

As I mentioned in an earlier blog, the Property Casualty Insurers Association (PCI) was against this bill from the beginning and sent a letter to Governor Jindal to urge him to veto the bill. Obviously, it worked. PCI’s reasoning was that the bill would increase claims. They did not take into account the fact that some workers get injured at work and work through the injury, never having to file a workers comp claim at all.

Just wait until PCI sees what they have done now.

I challenge all workers, injured or not, to contact their legislators and get them to help the injured worker. The worst possible thing that can happen in today’s world is to get injured at work. Please let your legislators know that they need to protect the people that have elected them.

They also have lobbyists all across the nation. This “association” recently sent a letter to Governor Jindal asking him to veto a bill, passed by both the house and senate, that gives injured workers more time before they loose their rights to file a workers’ compensation claim. This bill is meant to protect the workers who get hurt and continue working.

PCI wants to protect their $176 billion and they are doing everything they can. The PCI lobbyists did not convince the legislators that the bill was not beneficial, so please don’t let them try to convince the governor. Contact Governor Jindal and let him know that he needs to protect the workers in Louisiana and not big business.

Just remember to submit your mileage and make sure that it is absolutely correct. One of the easiest ways that a workers’ comp insurer can suspend and/or stop benefits is if they catch an injured worker submitting the incorrect mileage.

Typically these are male callers, so I will address them as such. What did your employer tell you when you were hired about reporting a work injury? I am pretty sure that he or she did not say, “Please do not report it because it will hurt the company, or if you have an injury at work you need to be a man about it and suck it up.” I cannot stress the importance of reporting any work injury, no matter how minor you think it is.

Please give yourself a fighting chance with workers comp and report your work injury.

However, if there is ever a settlement for future benefits from your work injury with the workers comp insurance company, you must keep social security’s and/or Medicare’s interests protected. In some cases you will need to get a set aside amount approved by the Center for Medicare Services (CMS). In some cases you do not need this set aside, but you still need to protect Medicare’s interests. Remember, in certain cases your work injury might lead to a settlement with workers comp, and we advise you not to do this on your own. We handle all types of work accidents and will work to help you with the settlement and help you protect your future entitlement to Social Security and Medicare.

How about a dishwasher not being paid overtime for 19 weeks?

Unfortunately, employees at the federal government’s Labor Department Wage and Hour Division failed to investigate these allegations and others that were raised by undercover investigators with the Government Accountability Office. In fact, the Wage and Hour Division mishandled 9 of the 10 cases brought by a team of undercover agents posing as aggrieved workers according to a report by the GAO.

It mishandled hundreds more that were filed by other workers. “This investigation clearly shows that Labor has left thousands of actual victims of wage theft who sought federal government assistance with nowhere to turn,” the report said. “Unfortunately, far too often the result is unscrupulous employers’ taking advantage of our country’s low-wage workers.”

This is pathetic. The government has to do its job to protect workers. And workers must be assured that they have an ally when unscrupulous employers cheat them out of hard-earned wages. This investigation shows – again – the importance of the tort system to protect victims of greed and injustice. Oftentimes, our court systems are the last resort for victims injured by others.

If you got hurt at work, we recommend sticking with the hard and fast rule of filing within one (1) year of your date of accident. Call an experienced workers compensation lawyer for more information and more questions regarding possible claims against your employer.

I know that you might have worked for your employer for years, and don’t want him to have to pay more insurance for you, but don’t worry. Workers’ compensation rates are actually going down, AGAIN!

Just read what the Commissioner of Insurance has to say.

If you have a work injury, do not ever feel bad that you are hurting your employer or their insurance by reporting it. Never, ever, ever.

I doubt that your work injury will cost this much. So, use what your company has paid for by reporting your work injury and getting the treatment you deserve.

That’s right, if you are a high wage earner, say $1000.00 per week, your maximum workers comp benefits would be $546.00.  Try living on half of your wages for a couple of months. Try a couple of years. That is what seriously injured workers have to do if they are injured on the job and unable to return to work.

Ask your legislator why we have such a strange law that does not protect the injured worker. Ask your legislator to change this law.