What to Do After an Accident or Injury in Louisiana

DOs & DON'Ts: Workers' Compensation

Do report your accident and injury to your employer.
It is important for you to report your accident and injuries to your employer immediately. Failing to report your accident and injury gives your employer an excuse to deny your claim.

Do complete an accident report.
It is important that your accident and injury is documented in writing. Your employer will often complete a written accident report. However, some employers will refuse or fail to complete an accident report. If that occurs, it is important that you prepare a written report of your accident and provide it to your employer. It is also recommended that you keep a copy of any accident report for your own records. If your employer fails or refuses to complete an accident report, it is recommended that you consult with an attorney immediately.

Do seek immediate medical treatment.
If you are injured as a result of a work related accident, it is important that you seek immediate medical attention. Any delay in seeking medical attention can be used as an excuse by your employer to deny your claim. Notify the healthcare provider that your accident is work related and how it occurred. Provide a complete list of all injuries suffered. If your employer fails or refuses to authorize medical treatment, it is recommended that you consult with an attorney immediately.

Do follow the recommendations of your treating doctor.
It is important that you keep all of your medical appointments, and follow all treatment recommendations. Failure to do so may result in the denial of your claim.

Do obtain a work status slip from your doctor.
The workers’ compensation insurance company will not pay your disability benefits without proof of disability from a healthcare provider. It is important to obtain a work status slip from your healthcare provider after each visit, documenting your disability status and any restrictions you may have as a result of your injury. Failure to do so may result in the denial of your disability benefits.

Do not give a recorded statement without first consulting an attorney.
Recorded statements are obtained by insurance companies to investigate claims. However, insurance carriers often rely on the information provided by the injured worker during a recorded statement to deny a claim. An experienced attorney being present during his client’s statement can ensure his client avoids the pitfalls an unrepresented worker may not avoid.

Do not sign any documents you do not understand.
There are many forms you will be asked to fill out in a workers’ compensation claim. The insurance company will often not explain the purpose of each form. It is important for you to fully understand each form before you sign them. The best way to do this is to consult with an attorney with experience in the field of workers’ compensation.

Do not accept a settlement of your claim without first consulting an attorney.
Insurance companies will try to persuade you to accept a quick settlement well below the value of your claim. Do not fall for this tactic. If the insurance company is pressuring you to settle your case, always consult an attorney first to determine whether the settlement is in your best interest.

Do not be pressured into treating with the employer or insurance carrier’s choice of doctor.
You have the right to treat with a doctor of your choice. The employer or insurance carrier can have you evaluated by a doctor of their choice, but they cannot force you to treat with their doctor. If your employer or the insurance carrier will not authorize you to see a doctor of your choice, consult with an attorney immediately.

Do not refuse an offer of work from your employer that your doctor has approved.
If your employer offers you modified duty work approved by your doctor, you have an obligation to accept the offer and attempt to perform the job. If you refuse the offer of modified duty employment, your disability benefits will likely be terminated. If you are concerned about an offer to return to work, consult with an attorney immediately.

Motor Vehicle Accidents: DOs & DON'Ts

Do call the police to the scene of the accident to complete an accident report.
It is important that your accident is documented in writing. A police accident report helps prove the occurrence of your accident, which party was at fault, and the identity of the persons involved.

Do take photographs of the accident scene.
Taking photographs of the accident scene including damage to the vehicles involved helps to prove who was at fault in causing the accident.

Do review your insurance policy for available coverage.
In the event the other driver is uninsured or under insured, you may have additional coverage under your policy such as Medical Pay, Collision, and Uninsured Motorist. Medical Pay coverage can help pay for your medical bills, Collision coverage can help pay for your property damage, and Uninsured Motorist provides coverage for your damages in the event the other driver did not have insurance or did not have enough insurance to cover your damages.

Do seek immediate medical treatment.
If you are injured as a result of a motor vehicle accident, it is important that you seek immediate medical attention providing your doctor with a description of your accident and injuries. Any delay in seeking medical attention can be used as an excuse by the insurance company to deny your claim, or offer you a low settlement.

Do follow the recommendations of your treating doctor.
It is important that you keep all of your doctor appointments and follow all of your doctor’s treatment recommendations. If you fail to do so, it may be more difficult to prove your case, and gives the insurance carrier a reason to deny your claim.

Do obtain an estimate of the damages to your vehicle.
Obtain your own estimate of the damage to your vehicle. Often an insurance company will try to get you to accept their estimate, which might be low.

Do not give a recorded statement without first consulting an attorney.
Insurance carriers often rely on the information obtained during a recorded statement to deny a claim. You are not required to give a recorded statement. If the insurance company is pressuring you to give a recorded statement, consult with an attorney immediately.

Do not allow an insurance company representative to meet with you in person.
The insurance company will often send a representative to meet with you in person to “investigate” the claim. Often the true purpose of this visit is to pressure you into a low settlement. Do not fall for this tactic.

Do not sign any documents without first consulting an attorney.
Do not sign any documents from the insurance company. The insurance company often will not provide you with adequate information to explain the purpose of each document. It is important for you to fully understand each document you sign. The best way to do this is to consult with an experienced attorney.

Do not accept a settlement of your claim without first consulting an attorney.
Insurance companies will try and persuade you to accept a quick settlement well below the value of your claim. Do not fall for this tactic. If the insurance company is pressuring you to settle your case, always consult an attorney first to determine whether the settlement is in your best interest.