Overview of Workers’ Compensation Laws in Louisiana
If you’ve ever been hurt on the job, you understand how damaging and alarming a work-related injury can be. For instance, workplace accidents can result in injuries severe enough to leave someone disabled and unable to work for a significant period of time.
In Louisiana, many businesses are required to carry a workers’ compensation insurance policy, so it’s important for both owners and employees to be aware of the process. If you have any questions, Gordon McKernan Injury Attorneys is here to be your source for information!
Continue reading for an overview of workers’ compensation in Louisiana and what you should know as an employee.
What to Know as an Eligible Injured Employee
If you’ve been injured at work or experienced a work-related death in your family, it’s critical to act quickly:
- Louisiana law (Louisiana Revised Statutes 23:1306) requires you to notify your employer within 30 days of the injury or death to keep your workers’ compensation claim valid. This notice can come directly from you or someone on your behalf.
Employer’s Responsibility
After you notify your employer, they have 10 days to file a First Report of Injury or Illness with their workers’ compensation insurer. This report is then sent to the Office of Workers’ Compensation.
- This step is crucial because it ensures your claim is properly started and processed, helping you get the medical treatment and benefits you deserve.
Beginning a Workers’ Comp Claim
A Louisiana workers’ compensation claim can be initiated in several ways:
Form 1008 – Disputed Claim for Compensation
If there’s a dispute about your workers’ compensation claim—whether it’s a denial of benefits or disagreements about the severity of your physical injury—you’ll typically use Form 1008. This form helps address and resolve these issues officially.
Formal Petition
If you choose not to use Form 1008, you can file a formal petition instead. This petition should clearly include:
- The names and addresses of everyone involved
- A detailed statement of the time, place, nature, and cause of the injury
- The specific compensation benefit you are seeking
Electronic Filing
To make things easier, Louisiana offers electronic filing options for both Form 1008 and other documents related to workers’ compensation claims. This option helps streamline the process and makes it more convenient for you to submit everything you need.
Common Types of Workers’ Compensation Claims in Louisiana
The workers’ compensation system was established to support employees whose income is disrupted due to a work-related injury. In Louisiana, some common workplace injuries include:
Traumatic Injuries:
- Head injuries, including traumatic brain injuries
- Slips, trips, and falls
- Injuries from collisions with large or heavy objects
- Broken bones, joint sprains, and strains
- Eye injuries
- Back, neck and spinal cord injuries that could lead to paralysis
- Catastrophic injuries including amputations
- Burns, crushing injuries, and heavy equipment malfunction
- Assaults and other violent acts
- Accidents while driving
Cumulative Trauma Injuries:
- Repetitive motion injuries (e.g., carpal tunnel syndrome)
- Overexertion injuries from lifting, pushing, carrying, or pulling
- Hearing loss from prolonged exposure to loud noises
Occupational Diseases:
- Illnesses resulting from long-term exposure to harmful substances (e.g., chemicals, asbestos)
- Respiratory conditions from inhaling hazardous materials
Are there Penalties for not Having Workers’ Comp?
Yes, there are serious consequences for not carrying workers’ compensation insurance in Louisiana. State law requires employers with one or more employees and an annual payroll of at least $3,000 to have this insurance.
Failure to comply can lead to significant penalties:
- Fines: You could face a fine of $250 for the first offense and $500 for each additional offense, up to a maximum of $10,000.
- Liability: If you don’t have insurance, you may be held responsible for the full cost of an injured worker’s benefits, along with extra penalties.
- Criminal Penalties: Not complying with this law can also result in up to one year in jail.
The Louisiana Workforce Commission (LWC) actively enforces these rules to ensure that all employers follow the law and provide the necessary protections for their employees.
Exemptions From Louisiana Workers’ Comp Coverage
While most employers are required to provide workers’ compensation coverage, there are certain exemptions:
- Non-citizens without work authorization
- Domestic employees
- Directors of certain nonprofits
- Musicians and performers (under a performance contract)
- Airplane crews engaged in spraying or dusting
- Licensed real estate agents
- Workers involved in the exploration, development, production, or transportation of minerals
- Employers acting as common carriers engaged in interstate or foreign trade by railroad
Voluntary Coverage: Even if an employer or employee falls under one of these exemptions, they may still opt to provide or obtain workers’ compensation coverage voluntarily.
Injuries Covered by the Workers’ Compensation Law
Workers’ compensation in Louisiana covers both physical and mental injuries from an accident in the workplace or occupational diseases.
Key Definitions:
- Accident: An accident is an unexpected event that happens suddenly, with or without human fault.
- Occupational Disease: This refers to an illness caused by conditions specific to your job or work environment.
- Mental Injuries: These are covered if they result from a physical work injury or a sudden traumatic event. Louisiana law requires clear and convincing evidence to prove mental injuries.
Examples of occupational diseases include conditions like asbestosis from asbestos exposure or respiratory illnesses from long-term exposure to harmful chemicals.
Compensation is generally not affected by who is at fault. However, benefits may be denied if the injury was caused by intoxication, intentional self-harm, or if the employee was the aggressor in an unprovoked altercation.
A Louisiana Workers’ Comp Lawyer Can Help You Gain the Compensation You Deserve
Whether your work injury is big or small, it’s crucial to notify your employer right away because there’s a limited window to file a claim. Louisiana law gives you two years to file most workers’ compensation claims, so be sure to report the injury and get medical attention as soon as possible.
The team at Gordon McKernan Injury Attorneys is here to support you if you’ve been injured on the job. Contact our Baton Rouge law firm today at 225.888.8888 for a free legal consultation with one of our experienced workers’ comp attorneys.
