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Understanding time limits for workers’ compensation benefits

On Behalf of | Jun 13, 2019 | Workers' Compensation

When a Louisiana worker is injured on the job and needs workers’ compensation benefits, there could be a variety of issues and considerations to address during the process of getting the payments they are entitled to. The situation will dictate how to handle it.

One concern that workers must understand is the time limits they face when seeking payments for medical expenses, weekly benefits, and Supplemental Earnings Benefits (SEB).

If there is a problem with getting these benefits or the applicant has questions about the time limits, having legal advice is a crucial aspect to getting the benefits the workers is entitled to.

In general, with medical benefits, the filing must be made within one year of the occurrence of the accident that led to the injury. In some cases, the employer or insurer will have paid the worker’s medical expenses. If that has happened, the time for which a claim can be made will extend to three years from the last medical payment.

With weekly benefits, technically called indemnity benefits, the workers’ compensation claim must be filed within one year of the day in which the accident happened. If weekly benefits were paid, there can still be a subsequent claim for disability. That includes Temporary Total Disability (TTD), Permanent Total Disability (PTD), and Permanent Partial Disability (PPD) if the claim is filed within one year of when the final weekly benefits were paid.

With SEB, there are up to three years to make the claim after the final payment of weekly benefits was made. If the person has an occupational disease, the claim can be filed for up to one year from the day in which the person learned he or she has the condition, a disability linked to it, or reasonably believes that the work itself led to it – whichever happened last.

Workers’ compensation can be a lifesaver for people who are injured on the job in a workplace accident or suffer from a condition because of the work they do. When there is a dispute about these benefits, having legal assistance from a qualified workers’ compensation law firm can help with the claim.


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