Louisiana Workers’ Compensation Misconceptions | Part 2: Indemnity Benefits

When it comes to Louisiana Workers’ Compensation, misconceptions about the laws are quite common. And since we get questions all the time, we decided to address the most common misconceptions to clarify any confusion. Follow along for the second in a multi-part series addressing these misunderstandings. In Part 2, we address common misconceptions related to workers’ comp indemnity benefits.

*If you missed Part 1 regarding misconceptions related to workers’ compensation claims, you can view it here.

MISCONCEPTION #1: If I get hurt on the job, the insurance company owes me 100% of my paycheck.

Unfortunately, the insurance company only owes you 66 and 2/3 percent of your average weekly wages, which can be challenging to calculate depending on your employment scenario leading up to the accident.

MISCONCEPTION #2: My workers’ compensation check has to be overnighted to me, so I receive it as soon as possible.

The delays in the mail can cause a significant amount of stress when waiting for your workers’ compensation check to come in the mail. While there is no law requiring that the insurance company “overnight” your workers’ compensation check to you. The law prescribes reasonable times for receipt of benefits depending on the type of workers’ compensation check you are receiving. Some insurance companies, but not all, offer direct deposit of your workers’ compensation check if you ask them about it.

MISCONCEPTION #3: I cannot receive workers’ compensation benefits or make a workers’ compensation claim while I am on social security disability.

You can receive both workers’ compensation benefits and social security benefits simultaneously; plenty of people do. There are offsets involved, so it is important to let both social security and the workers’ compensation insurance company know that you are receiving both.

MISCONCEPTION #4: If I try to go back to work, I am no longer entitled to a workers’ compensation check.

If an injured worker can go back to work but is unable to earn 90% of their pre-accident wages due to his/her accident and injury, the insurance company is supposed to pay supplemental earnings benefits. However, if an injured worker can go back to work to earn 90% or more of their average weekly wages, then an injured worker may not be entitled to further indemnity benefits.

MISCONCEPTION #5: My workers’ compensation insurance company should have to pay me for the rest of my life.

While there are rare claims where insurance companies pay injured workers benefits for their entire lives, normally these claims are not settled in lump sum settlements.