Claims Kit

Physician Selection  RS 23: 1121(B) RS 23:1142

The injured worker may choose his or her treating physician and may switch from one specialty of care to another without having to seek approval of the employer/insurer. The worker must, however, have permission to switch from one provider to another within the same field of specialty.

While the injured worker has the freedom to select the treating physician, the physician must have approval from the employer/ insurance carrier to continue treatment beyond $750 worth of care unless the care is provided under emergency conditions. However, the withholding of the consent is not to be arbitrary and capricious or without probable cause.

Posting Requirements  RS 23:1302

The employer must keep posted at some convenient and conspicuous point in his place of business a notice reading substantially as follows:

"In case of accidental injury or death, an injured employee or any person claiming to be entitled to compensation either as a claimant or as a representative of a person claiming to be entitled to compensation must give notice to (name and address of employer) within thirty days. If notice is not given to the above party within thirty days, no payments will be made under the law for such injury or death. In addition, any fraudulent action by the employer, employee, or any other person for the purpose of obtaining or defeating any benefit or payment of worker's compensation shall subject such person to criminal as well as civil penalties." Workers Compensation Poster Workers Compensation Poster (Spanish)

If the employer fails to keep a notice posted, the time in which the notice of injury must be given will be extended to twelve months from the date of injury.

Reporting of Claim by Employer RS 23:1306

Within ten (10) days of actual knowledge of injury resulting in death or in lost time in excess of one week after the injury, the employer must send a report to the insurer. LWC-WC IA-1