Claims Kit

Reporting of Claim by Employer  RS 23:1306

The insurer or the administrator of the employer's workers' compensation claims must submit notice of injury via electronic data interchange (EDI) format. This is due to the Office of Workers' Compensation Administration (OWCA) within 10 days of the employer knowledge of injury.

Posting Requirements  RS 23:1302

The employer must keep the following notice posted at a convenient and conspicuous point within their place of business. The notice must read 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)

An employer failing to post the above notice will extend the timeline for which an injury must be reported or otherwise claimed. An employee who is injured while working for an employer who did not have the above notice posted will have 12 months from the date of injury to report the occurrence.

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

The injured worker may choose their treating physician and may switch from one specialty of care to another without having to seek approval of the employer or 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 or insurer 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.