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Nestled in the Deep South, Louisiana has a history that’s uniquely its own. From the cultural mecca of New Orleans to the quiet bayous, the Pelican State presents a captivating blend of culture and natural beauty.
With a robust and diverse economy, Louisiana offers a wealth of opportunities for businesses to thrive. When it comes to protecting your employees and your business, securing the right workers' compensation insurance is crucial.
Workers' compensation is a state-mandated insurance program for employers with one or more employees. It’s designed to provide employees who suffer work-related injuries or illnesses with medical treatment and indemnity benefits.
Without workers’ compensation, the cost of a work-related injured or ill employee’s medical treatment could become the responsibility of your business.
The Louisiana Workforce Commission is responsible for administering the workers’ comp law in Louisiana. The law requires employers with one or more employees to be covered by an active workers’ compensation insurance policy.
Full-time, part-time and seasonal workers are covered under Louisiana’s workers’ compensation law.
Workers’ comp coverage can be obtained through a partner like EverPeak Insurance. The Office of Workers’ Compensation Administration can approve self-insured requests based on financial history.
Employees can verify online if their employer has coverage.
Policies include protection for full-time, part-time and seasonal workers.
Some exemptions from workers’ comp in Louisiana may include, for example:
Workers' compensation covers a range of work-related injuries and illnesses, including physical injuries resulting from an accident and occupational diseases that may develop over time due to job conditions.
Louisiana workers’ compensation law also covers mental injury resulting from physical injury or sudden, unexpected and extraordinary stress related to employment.
Louisiana workers’ comp insurance provides three types of benefits for work injuries:
The weekly compensation rate in Louisiana is 66 ⅔% of the employee’s average weekly wage, subject to a maximum and minimum benefit amount set by the Office of Workers’ Compensation Administration.
Find more information on Louisiana’s workers’ compensation rates.
In the event of a work-related injury or illness:
Employees in Louisiana should report their injury to their employer within 30 days of the accident.
The employee should immediately seek medical attention.
Once notified of the injury, employers should file a report of the accident within 10 days to their workers' compensation insurance partner.
If the workers’ compensation claim is accepted, an injured employee may begin to receive workers’ compensation benefits, such as lost wages and medical benefits.
Following their recovery, a worker is expected to resume work safely. If an employee is unable to return to their previous position or any other type of work due to their work-related injury, they may be entitled to permanent total disability benefits.
Under Louisiana workers’ compensation law, an injured worker can choose their treating physician and may switch from one specialty of care to another without seeking approval from their employer or its workers’ comp partner. The worker must have permission to change from one provider to another within the same field of specialty.
The physician must have approval from the employer or workers’ comp insurance partner to continue treatment beyond $750 unless the care is provided under emergency conditions.
Workers' compensation medical bills are due within 60 days of submission for paper bills or 30 days for electronic bills in Louisiana. The employer or its workers’ compensation partner is responsible for payment.
The employer or its workers' comp partner may request additional information from the healthcare provider. The healthcare provider must respond to the request for additional information within 10 business days.
To resolve a workers’ compensation claim dispute, an employer or employee can request a mediation conference with an Office of Workers’ Compensation mediator. If the problem isn’t resolved through mediation, an employee can contact the nearest Office of Workers’ Compensation district office to file a Disputed Claim for Compensation.
Generally, employers in Louisiana with one or more employees must carry workers' compensation insurance or qualify for self-insurance. Compliance with this requirement is essential to protect both the employer and employees.
When selecting a workers' compensation insurance provider, consider factors such as the provider's experience in the industry, financial stability, coverage options, claims process, customer service, and cost.
We recommend requesting multiple quotes and comparing the offerings before making a decision.
Covering your business and employees with a trusted insurance partner — like EverPeak — brings peace of mind so you can focus on your bottom line.
Employers who fail to carry workers’ compensation insurance in Louisiana can be fined up to $250 per employee for a first violation and $500 per employee for subsequent violations up to $10,000. They can also be charged with criminal violations.
In most cases, employees in Louisiana are barred from suing their employers for work-related injuries or illnesses. The workers' compensation system provides an exclusive remedy, meaning that employees typically cannot file a lawsuit against their employers. Instead, they must pursue a workers' compensation claim to receive benefits for their injuries or illnesses.
Generally, independent contractors aren’t covered by workers' compensation insurance in Louisiana. Workers' compensation laws typically apply to employees rather than independent contractors.
However, it's important to note that the classification of a worker as an independent contractor or an employee can be complex. Louisiana has specific laws regarding misclassification of employees as independent contractors. If unsure whether an independent contractor should be treated as an employee, take the test here or seek legal guidance.
Ideally, the incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensure the necessary steps are taken to initiate the workers' compensation claims process.
Employees can verify online if their employer has coverage.