Louisiana

Is my business required to carry Louisiana workers compensation insurance?

All employers must provide workers compensation insurance for their employees, and must show proof that they have the financial means to carry Louisiana workers compensation insurance. Workers compensation insurance can be provided by a workers compensation insurer, self-insurance, or group self-insurance.

Who is exempt from Louisiana workers compensation insurance?

There are some exemptions, below is a list of those exempt from workers compensation insurance in Louisiana.

· Any employee of a private residential householder or of a private unincorporated farm.

· Musicians and performers who are rendering services related to a performance contract.

· Employees covered by the Federal Employer's Liability Act, the Longshoremen's and Harbor Workers' Compensation Act and the Jones Act.

· Any employer acting as a common carrier while engaged in interstate or foreign trade by railroad.

· The crews of any airplane working in dusting or spraying operations.

· Uncompensated officers and members of boards of directors of select nonprofit organizations.

· All real estate brokers or sales agents licensed to do business in the State of Louisiana.

· Any person performing services relating to the exploration, development, production, or transportation of minerals.

In certain cases an employee who qualifies under these exemptions may seek tort recovery for injuries stemming from such labor, work, or services from any insurance policy that a homeowner or employer may have which provides coverage to persons injured on their premises.

Does Louisiana workers compensation law have specific requirements for sub-contractors/contractors and sole proprietors?

In cases where you meet one of the exemptions listed above. Otherwise, sub-contractors/contractors must meet the same standards for workers compensation insurance. A Sole Proprietor will be will automatically be assigned a payroll of $50,600 and your workers compensation rate will be based on that figure.

What should be done if an employee is hurt at work has a work-related illness?

An injured or ill employee must submit to a medical examination which is paid for by their employer. They must also notify the employer of any change in their condition. An employer is required to report the injury or illness to its insurance carrier within 10 days. Employees forfeit eligibility for workers compensation if they intentionally injure themselves, are injured while attempting to injury another employee, or if they were intoxicated at the time they were injured.

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