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There is no federal workers’ compensation requirement for most private employers.
Insurance requirement: Competitive state fund or self-insurance by private carrier, individual employer, or groups of employers
Exemptions from WC: Employees of private unincorporated farms, in connection with cultivating the soil or raising or harvesting any agricultural commodity, including livestock, when the employee’s annual net earnings amount to $1,000 or less, and the total net earnings of all employees on the farm does not exceed $2,500.
Medical benefits provided: Full
Physician selection: Employee selects initial physician.
Benefits for temporary total disability (TTD): 66 2/3 percent of worker’s wage for duration of disability. Benefits subject to UI benefit offsets.
Benefits for permanent total disability (PTD): 66 2/3 percent of worker’s wage for duration of disability. Benefits subject to Social Security benefit offsets. Volunteer fire-fighters limited to 520 weeks.
Benefits for permanent partial disability (PPD): 66 2/3 percent of worker’s wage for up to 520 weeks. Additional benefits of $50,000 for catastrophic injuries, payable 1 year after injury.
Scheduled awards: Paid in addition to and upon termination of temporary total disability benefits. Awards are reduced by amount of TTD paid.
Disfigurement benefits: Serious and permanent disfigurements compensated at the discretion of Court, not to exceed 66 2/3 percent of employees wages for up to 100 weeks.
Death benefits for surviving spouse and children: 32 ½ percent for spouse only, 46 ¼ for spouse and one or two children, and 65 percent for spouse and three or more children is paid for the period of widow/widowerhood and for children until 18. Two-year lump sum payable upon remarriage. Children receive benefits beyond age 18 if physically or mentally disabled, or until age 23 if full-time students.
Maximum burial allowance: $8,500
Waiting period: 7 days. Compensation is retroactive if disability continues for 6 weeks from date of injury.
Rehabilitation: Both vocational rehabilitation (VR) and physical rehabilitation (PR) are covered. Employers must provide PR and VR costs; TTD benefits during VR for a maximum of 26 weeks; and costs of board, lodging, and travel during PR and VR. During VR employees receive TTD benefits plus board, lodging, and travel if away from home. Employees must accept PR and VR within 2 years after benefits for TTD are terminated or their compensation may be reduced by 50 percent during refusal period.
Attorney fees: 20 percent of amount recovered. Attorney fees may not be included in any formula used to establish insurance premium rates.
Occupational hearing loss statutes: Employee has 4 months from the date the injury is discovered to file for compensation. There is no hearing loss schedule.
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Contact
Office of Workers’ Compensation
Regulations
Louisiana Administrative Code, see Title 40, Parts 1 and 3
www.doa.la.gov/Pages/osr/lac/books.aspx
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Contacts
None.
Regulations
None.