Weekly PTD benefits are 66 and two-thirds percent of the AWW, subject to the limits described above, and are available only if an employee’s work-related injury results in his or her:

• Permanent physical inability to engage in any type of work;
• Loss of both hands or both arms;
• Loss of both feet or both legs;
• Loss of both eyes;
• Loss of one hand and one foot; 
• Loss of any of the two body parts listed above; or
• Paraplegia or quadriplegia.

In addition, the employee must be completely unable to earn any wages whatsoever in order to receive PTD benefits. Before awarding PTD benefits, the OWCA must consider whether there is a reasonable probability that, with appropriate training or education, the employee may be rehabilitated to the extent that he or she can achieve suitable gainful employment and, if so, whether it would be in the employee’s best interest to undertake vocational rehabilitation.

An employee will be disqualified from receiving PTD benefits if:

• The employee actually earns any wages; or 
• The employer presents conclusive proof that he or she still has a substantial capacity to earn wages. 

Under either of these circumstances, an employee may instead be eligible for supplemental earnings benefits. 

MORE INFORMATION

Contact Defy Insurance or visit the OWCA website for more information on workers’ compensation laws in Louisiana.

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