Under Louisiana law, all employers are required to pay workers' compensation benefits when their employee is hurt on the job. This includes all necessary medical care and a check each week equal to 2/3rds of the worker's average weekly pay up to a maximum amount. Employers buy workers' compensation insurance to cover this liability. However, not having insurance doesn't mean the employer doesn't have to pay. And, if you go to court, the judge can make the employer pay you an additonal penalty for not having workers' compensation insurance. The bottom line is - just because your employer is not insured doesn't mean you can't make a claim. Rusty
What if my employer does not have workers' compensation insurance
Failed Post-Accident Drug Screen
I received a call today from an injured worker. His employer refused to submit his workers' compensation claim to their insurer because the employee tested positive for marijuana in a post-accident drug screen. I advised the injured worker that there must be a connection between the drug use and the on-the-job accident. The work-accident must have been caused by the intoxication for the employer to avoid liability for workers' compensation benefits. There is only a presumption of intoxication if the employee had .1 (point one) percent or more alcohol in his blood at the time of the accident. And, the drug test must have been administered pursuant to a written drug testing policy adopted by the employer prior to the accident. The bottom line is a failed drug screen does not necessarily mean you can't make a claim. Rusty
