Louisiana state law concerning mandatory participation in Workers’ Compensation by employers is the same as all other states. Every employer in Louisiana is required to provide Workers’ Compensation insurance to ensure coverage for employees who are injured. In 2009, it was estimated twenty percent of the businesses in the state were in violation of the law, offering no coverage to their workers. Although the state places a great deal of importance in attracting new business, as well as retaining current business, ignoring this law is unacceptable. Both the State Attorney General and the Commissioner of Workers’ Compensation have publicly stated the businesses in violation will be dealt with severely. Penalties could include severe fines, criminal prosecution and the inability to operate a business in the state of Louisiana.
Louisiana Workers’ Compensation law provides for Disability benefits for both Temporary and Permanent disability. In either case, the disability benefits will equal two-thirds of the employee’s average weekly wages. Should an employee return to work, but in a different capacity due to permanent results from the injury, he or she is entitled to the difference in wages based on what was earned before the accident and the reduced wages after. Depending upon the degree of disability, benefits can be paid for a time period of ten weeks to 200 weeks in case of loss of limb. In Permanent, total disability the benefits can continue for life.
Although participation in Workers’ Compensation is mandatory for all employers, there are workers who are exempt. Any worker in non-organized agricultural labor does not have to be covered by law. Domestic workers, performers and Federal workers covered by Federal Liability compensation are other examples of those exempt from coverage. If asked do so by an Insurance provider or the state, the employer must provide written documentation showing its ability to be financially capable of providing
Louisiana employers, through Workers’ Compensation, are required to offer coverage which will provide benefits to cover all Medical expenses and lost wages of injured employees. There can be no co-payment required of the employee, nor can the worker be asked to pay any part of the premium. Once the employee has suffered injury, and is collecting benefits, the employer is not allowed to terminate the employee. This applies even in the case of workers who were hired on a temporary basis. All Medical expenses are covered by Workers’ Compensation. This includes all expenses incurred from the time of Emergency Room care to additional visits to the treating physician. Hospital care, surgery, rehab., Physical therapy and medications are included in the benefits.