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When you are injured, often your employer will send you to an occupational clinic. These clinics are often crowded and unable to render quality care for seriously injured workers. What happens if those clinics simply send you back to work without a substantive evaluation or treatment?The Louisiana Workers' Compensation Act provides that you are entitled to your choice of physician in each field or specialty. The request should be made directly to the insurance adjuster. If you are able, it is best to make this request in writing.Once you make your choice of physician, you generally are not able to choose another physician in the same field. However, you are authorized to choose a physician in a different field. For instance, if you are currently treating with an orthopedic surgeon, you generally cannot choose another orthopedic surgeon. However, you should be authorized to seek an evaluation with a pain management physician, while simultaneously treating with the orthopedic doctor.At Mensman Law Firm, we assist our clients in choosing the appropriate field and physician to ensure they receive the best possible care. If the insurance company refuses to approve your choice of physician, contact us and we can protect your rights and seek to compel the authorization.

Often, insurance companies will offer to resolve conflicts with our clients. We always demand that any such resolution take the form of a judgment, which is signed by the court. We demand this because it offers great protection of the rights of our clients. It allows a mechanism for us to enforce the resolution. What if the insurance company offers to resolve a conflict and then they fail to pay the resolution?An employer or insurance company that fails to pay a judgment providing installment payments timely may also be subject to a proceeding at which the judgment may be accelerated. At this proceeding, all installment payments may be ordered to be immediately payable, even future installment payments. Additionally, if an employer or insurance company fails to pay a final, non-appealable judgment within 30 days after it becomes due, the court shall add to such award an amount equal to 24 percent thereof or $100 per each calendar day it remains unpaid, whichever is greater, unless such nonpayment resulted from conditions over which the employer or insurance company had no control.At Mensman Law, we continue to protect your rights by monitoring and enforcing agreements made by insurance companies. We hold them accountable.

An accident that occurs while you are actively engaged in the performance of your duties during working hours will be regarded as having occurred in the course of your employment. Even if the work being done at the time of the accident was not within the scope of the specific job for which you were hired, as long as it was being performed pursuant to the orders of your superior, the claim would be compensable. Additionally, if you were following orders or were performing your duties, it is immaterial that the accident occurred at some place distant from the employer's premises.Ordinarily, if you leave your employer's premises and take your lunch meal at home or at some other place of your own choosing, you will be considered outside the course of your employment from the time you leave work, until the time that you return. Accidents that occur on the premises during meal hours are generally regarded as occurring in the course of employment. With few exceptions, an accident that occurs while you are going to or returning from work is not considered to have occurred in the course of employment and benefits will be denied. If an accident happens on the employer's premises while you are proceeding to and from work, that will be considered a compensable claim. Similarly, a journey home will still be considered in the course of employment if you are charged with some duty which you must perform en route or even immediately after you have reached home. Another exception exists generally with reference to accidents occurring at certain unusually hazardous places which, although not on the employer's property, are immediately adjacent thereto. Finally, an accident that happens while you are being transported to or from work by your employer is compensable if the transportation is furnished as an incident of the employment.‍

An injured worker in Louisiana is entitled to choose her own physician in every field or specialty. The choice of physician must be reasonable. For example, if you have a foot injury, you will not be approved for an evaluation with a dentist. The choice of physician is very important. Once you make your choice, you will not be able to change physicians within the same field or specialty, without the insurance company’s authorization. For example, if your physician moves out of state, the insurance company would authorize a new choice. However, if you simply do not like what your physician is telling you, the insurance company will not authorize a new choice.Conversely, your employer or insurance company is allowed its own choice of physician. This is referred to as a second medical opinion. Often, the second medical opinion doctor will address the findings and recommendations of your choice of physician. The injured worker is entitled to at least 14 days notice of the scheduling of a second medical opinion. It is vitally important that you attend the second medical opinion evaluation. Failure to attend the appointment will likely result in the suspension of all benefits. If suspended, your benefits will not be reinstated until you comply with attending the second medical opinion evaluation.‍