Legal Question in Workers Comp in Louisiana
Concerns over injury on the job
My mother is marketing director at a hospital. They waxed floor outside her office w/o any precautions, she slipped and landed on her head.No loss of consciousness.Rushed to ER, X-rays, CTscan, etc..cleared home.She requested to stay night - stayed 3, could not stand w/o loss of balance. 3 business days in hosp, 5 at home.Vertigo,loss of balance, etc..saw Neurologist& ENT surgeon.Diagnosed with a brain-stem concussion,and inner-ear concussion.MD's afraid vertigo may NEVER subside. Employer has charged sick days for entire & any time for follow-up.Due to permanent condition can she argue the sick time deductions, and/or partial disability settlement?
1 Answer from Attorneys
Re: Concerns over injury on the job
If she was on the job, she should be covered by workers compensation, and not required to use her sick leave. She would only be entitled to 2/3s of her regular weekly wage, while her sick leave would pay her 100% of her regular wage. If she did not request the use of her sick leave, then she is entitled to get it all back, less the difference between the compensation rate and her regular rate of pay. She is entitled to workers compensation benefits and to keep her sick leave intact. As far as disability, I suspect the hospital has some kind of disability policy, covering both short and long term disability. If the floor was maintained by an outside contractor, she may have a cause of action against them. But more facts are necessary to determine what, if any, liability attaches to the contractor.