Employer's Duty to Post Information
State and Federal law require employers to post certain employment information and notices for their employees in a conspicuous area. Notices required include, but are not limited to, warnings and information concerning unemployment, employment of minors, minimum wage, employment discrimination, Family and Medical Leave Act, and OSHA warnings.
The Louisiana Workers' Compensation Act requires the employer to post certain information regarding the reporting of job injuries and diseases. In 1993 the Louisiana legislature amended the law [La. Rev. Stat. 23:1302] concerning the workers' compensation information employers must post at their place of business. The new notice includes a warning to employees that there are civil as well as criminal penalties for fraudulent actions by employers or employees in connection with workers' compensation claims. The language that is recommended in the statute is as follows:
In case of accidental injury or death, an injured employee or any person claiming to be entitled to compensation either as a claimant or as a representative of a person claiming to be entitled to compensation must give notice to (NAME AND ADDRESS OF EMPLOYER) within thirty days. If notice is not given to the above party within thirty days, no payments will be made under the law for such injury or death. In addition, any fraudulent action by the employer, employee, or any other person for the purpose of obtaining or defeating any benefit or payment of workers' compensation shall subject such person to criminal as well as civil penalties.
All claims for disability arising from an occupational disease are barred unless the employee files a claim with his employer within six months of the date that:
- The disease manifested itself.
- The employee is disabled from working as a result of the disease.
- The employee knows or has reasonable grounds to believe that the disease is occupationally related. Notice filed with the compensation insurer of such employer shall constitute a claim as required herein.
All claims for death arising from an occupational disease are barred unless the dependent or dependents as set out herein file a claim with the deceased's employer within six months of the date of death of such employee or within six months of the date the claimant has reasonable grounds to believe that the death resulted from an occupational disease. Notice filed with the compensation insurer of such employer shall constitute a claim as required herein.
The failure to post the notice for accidental injury or death will result in the extension of the time in which an employee is required to give notice of an injury to the employer from 30 days to one year from the date of the injury. The failure to post the notice for occupational diseases will result in the extension of the time in which an employee is required to file a claim for an additional six months.
NOTICE OF PROCEDURES FOR INDEPENDENT MEDICAL EXAMINATION
The 1997 legislature amended R.S. 23:1203 and enacted 23:1203(E) to require the payor (self-insured employer, insurer or third party administrator for the employer) to give notice to an injured employee, upon the first payment of a medical bill, concerning the IME procedures available to the employee should a dispute arise between the employee and employer over the employee's medical condition.
We have developed the following notice which you may want to use. Be sure to keep a copy of the notice in your file showing the date that you used the notice.
FROM: ________________________________________
[EMPLOYER]
DATE: ________________________________________
TO: __________________________________________
[EMPLOYEE]
ADDRESS: _____________________________________
_____________________________________________
_____________________________________________
Should a dispute arise between you and your employer (or the employer's workers' compensation insurer) concerning your medical condition, you have a right to request that the Director of the Office of Workers' Compensation appoint a physician to conduct an independent medical examination. The report of this physician will be admitted into evidence at any later proceedings concerning your claim for workers' compensation benefits. Should you wish to have this physician appointed, you can either write to the Director at the following address:
Director
Department of Labor
Office of Workers' Compensation
Post Office Box 94040
Baton Rouge, LA 70804-9040
or you can call the office of Workers' Compensation at their tool free number: 800-201-2494.
