In Louisiana, the workers' compensation laws allow injured employees to receive medical benefits and lost wages after seven days of an injury-related absence. The state also provided workers' compensation benefits to dependents of employees killed in work-related accidents. Most employers who conduct business in Louisiana must purchase workers' compensation coverage unless they are exempt under state law.
Exemptions
The general rule in Louisiana for workers' compensation is that all employers must purchase coverage. Exemption for coverage exist for employers of private farms; private residential domestic employees; musicians and entertainers; federal employees covered by the Federal Employers Liability Act; interstate railroad employees; real estate agents and brokers; mineral transporters; airplane spraying crews; and boards of directors of nonprofit organizations. Under Louisiana law, uncovered employees can sue their employers for their injuries by filing private tort or injury lawsuits.
Claims Limits
Employees must report their injuries to their employers within 30 days of injury. Employees must file claims within one year of their accident to receive compensation or medical benefits. To receive benefits, employees must suffer an occupational disease or illness arising out of their scope of employment. Employees do not receive benefits for work-related accidents they caused or for accidents suffered while intoxicated. Louisiana allows employees' dependents to apply for lost wages after their deaths, but the state does not cover partial medical disabilities.
Employers' Duties
After receiving notification of their employees' injuries, employers must report the injuries to their insurance providers within 10 days. Employers can require their employees to undergo medical evaluations at the employers' cost and require employees to keep them apprised of any changes to their conditions.
Benefits
Injured workers can automatically receive emergency medical care. After notifying their employers of their injuries, they can see specialty doctors and receive prescription drug coverage. For cash benefits, employees must wait seven days before they can begin receive weekly wage benefits. Employees can begin receiving wage benefits on the eighth day. After notifying their employers of their injuries, employees receive their first workers' compensation wage benefits within 14 days of notification. Employees who are absent from work for more than 42 days can receive compensation for the first seven days of noncompensation. Injured workers who are unable to return to work can file for permanent disability benefits. They must receive a medical determination that their medical condition will not improve with subsequent treatment, and they have reached the maximum point of recovery.
Considerations
Since employment laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
