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Jackson & New Orleans Workers' Compensation / Blog / Workers Compensation / Are You Wondering Whether You’re Entitled to Your Old Job after a Workplace Injury and Obtaining Louisiana Workers’ Compensation Benefits? Here’s the Scoop

Are You Wondering Whether You’re Entitled to Your Old Job after a Workplace Injury and Obtaining Louisiana Workers’ Compensation Benefits? Here’s the Scoop

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Most workers in Louisiana and throughout the United States take pride in their work. Indeed, from school bus drivers to construction workers, chefs to oil rig crews, workers all across Louisiana show up each day to earn a living and do their best at what they do best. However, no matter the job title, role, or industry, workers all across Louisiana are injured on the job each day, and some may be out of work for months, years, or even permanently. Louisiana workers who have been seriously injured to the extent that they cannot return to work for some time may wonder whether they are entitled to their old job back, and whether their employer must hold their job position open for them to return to when they are back on their feet. To help injured Louisiana workers better understand Louisiana employers’ obligations when it comes to holding jobs open for disabled workers, we provide that guidance here.

Louisiana Workers’ Compensation Benefits and Returning to Work After a Disabling Workplace Injury

As most Louisiana residents know, most Louisiana workers are entitled to Louisiana workers’ compensation benefits if they are injured on the job and are temporarily or permanently disabled from work. However, what is most likely less well-known is just what happens when an injured worker who has been out of work and on workers’ compensation benefits is able to return to work. Many Louisiana workers may be able to return to work after a disabling workplace injury, but their job position may not be available anymore. According to the Louisiana Workforce Commission, this is not a far fetched scenario. In fact, in response to the question of whether a worker is entitled to their former job when they are able to return to work, the Commission states, “An employer may not be required to hold a job open for you while you are unable to perform the duties of your job or to create a new job for you when you are able to return to work. However, your employer cannot terminate your employment solely because you filed a workers’ compensation claim.” Simply put, while a Louisiana employer needs to leave a job open for an injured employee out on workers’ compensation, it also cannot terminate an employee in retaliation for filing a Louisiana workers’ compensation benefits claim.

Legal Help for Injured Louisiana Workers

If you were injured on the job and you are seeking help with obtaining Louisiana workers’ compensation benefits, or you have questions about the process, contact the experienced Louisiana workers’ compensation lawyers at Lunsford Baskin & Priebe. The experienced Louisiana workers’ compensation lawyers at Lunsford Baskin & Priebe offer a free and confidential consultation to learn about your potential workers’ compensation benefits case and to see if they can help fight for you. Contact Lunsford Baskin & Priebe and speak to an experienced Louisiana workers’ compensation lawyer about your case today.

Source:

laworks.net/FAQs/FAQ_WorkComp_RightsAndResponsibilities.asp#answer_12

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