Do I Need To Report My Injury To My Employer? Employee Reporting Obligations In Louisiana Workers’ Compensation Cases
A person typically goes to work thinking that the workday will go as usual, with no major accidents or emergencies to deal with. Most employees clock-in, put their heads down, clock-out and are done for the day. Accordingly, when an on-the-job accident or injury occurs, it can be a confusing and daunting time for employees who rarely have to deal with such emergencies, and may not know what to do next. In addition, after a workplace injury occurs, employees may worry about whether to report the injury to their employer. It is, therefore, important for Louisiana employees to know what their rights and obligations are when they suffer an injury in the workplace for which they may wish to seek workers’ compensation benefits.
Reporting Requirements for Louisiana Workers to Initiate a Workers’ Compensation Case
There are a number of reasons that a worker may be concerned about reporting a workplace injury to their employer. The most common concern is most likely fear of workplace retaliation for being injured on the job. However, if an employee is injured on the job and intends on seeking workers’ compensation benefits, there are certain reporting requirements under Louisiana Workers’ Compensation laws. Under Louisiana Revised Statutes 23:1301, no proceeding pursuant to Louisiana Workers’ Compensation laws “…shall be maintained unless notice of the injury has been given to the employer within thirty days after the date of injury or death. This notice may be given or made by any person claiming to be entitled to compensation or by anyone on his behalf.” Simply put, under Louisiana Workers’ Compensation laws, an injured worker has an obligation to report a workplace injury to the employer within 30 days of the date of the injury or death.
Can I File a Workers’ Compensation Claim Anonymously if I Don’t Want to Report an Injury to my Employer?
Some employees wonder whether there is a way to file for workers’ compensation benefits in Louisiana anonymously, if they don’t want their employer to know about their workplace injury. However, it is not possible in Louisiana and other states to file a claim for workers’ compensation anonymously. The worker who was injured (or the person claiming benefits on that person’s behalf) must report their injury to their employer under the Louisiana Workers’ Compensation laws, and must go through the workers’ compensation system with their own individual case (where their identity will be known to the employer, doctors, administrative law judges, etc.).
Getting Help with Reporting a Workplace Injury and Initiating a Louisiana Workers’ Compensation Case
If you have been injured on the job and have questions about reporting requirements or how to initiate a workers’ compensation claim in Louisiana, don’t hesitate to get in touch with experienced legal counsel right away. The experienced Louisiana workers’ compensation lawyers at Lunsford, Baskin & Priebe offer a free and confidential consultation to learn about your case and to see if they can help. Contact the offices of Lunsford, Baskin & Priebe today to get started with your free and confidential consultation.