Legal Question in Employment Law in Louisiana
Injury
I injured my ankle on the job, filled out an injury report & went to a chiroprator for the constant pain, I was told be the doctor that I should be assigned to lightwork for a weeks time, my boss refused to comply with the doctors orders & informed me that if I am not well in 3 days time, I will have to take a leave of abscence. I went back to the doctor & he gave me a notice to my boss to place me on light duty, instead my boss took me completely off the schedule & did not notify me of the change, but instead had the secretary to call me & now the boss refuses to answer or return my calls. My boss is showing favortism, whereas, another women was granted light duty, but I have been told that I am to work without light duty or take a leave of abscence. I am now being told by coworkers that my boss is trying to find a way to have me fired. I have done nothing wrong, & woild like to know what avenues I can take to make sure I am covered & won't be fired for filing for worker' compensation as well as following the doctors orders.
3 Answers from Attorneys
Re: Injury
Dear LawGuru Friend,
I forgot to mention that according to Louisiana workmen's compensation law, if the employer fires you because you have filed a worker's compensation claim, then the employer is responsible for damages and the attorney fees necessary for you to recover such damages for wrongful discharge.
Sincerely,
Hardy Parkerson, Atty.
Lake Charles, LA
Re: Injury
Dear LawGuru Friend,
I just discovered an error in my first reply. It should have said that upon your returing to work, if you are able to do the work, "...you are NOT entitled to worker's compensation anyway." (Emphasis added.)
Best of luck to you!
Sincerely,
Hardy Parkerson, Atty.
Lake Charles, LA
Re: Injury
Dear Law Guru Friend,
First of all, go to a medical doctor about your foot, not a chiropractor. Chiorpractors generally deal with something to do with the functional integrity of the spine, not ankles and feet. Or perhaps a podiatrist; but get away from a chiropractor.
Secondly, once you have done so, make sure your new doctor gives you a disability slip to furnish your employer, as it is the injured employee's duty to supply the employer with verification of disability before worker's compensation benefits are due. Also, the employer does not owe you worker's compensation beneifts for the first week following your disabling injury, at least until you have been off for six weeks; and then the employer owes you for that firt week's disability, so that you should get two checks at one time that seventh week.
Further, one possibility is that if the employer does not commence your worker's compensation benefits--assuming your doctor (medical doctor or prodiatrist) gives you a disability slip--even for light duty, return to work anyway. If you are able to do the work, you are entitled to worker's compensation anyway. If you just can't do it, you will have at least "re-injured" yourself and will have established and proved more emphatically that you are indeed injured and disabled to a degree, extent and duration.
There is more to it all than this, but this is something to think about.
With kindest regards, I am
Sincerely,
Hardy Parkerson, Atty.
Lake Charles, LA
Ronald Reagan Caucus Candidate for Governor of LA - 2006
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