Most employees in Louisiana are covered by workers' compensation from the day they start employment.

1. Understanding Louisiana Workers' Compensation Laws
Workers' compensation is a crucial aspect of employment in Louisiana. It provides protection
and benefits for employees who suffer work-related injuries or illnesses. In this comprehensive
guide, we will explore the Louisiana Workers' Compensation Law, its requirements, coverage,
benefits, and more. Whether you are an employer or an employee, understanding these laws is
essential to ensure compliance and receive the appropriate support in case of an unfortunate
incident.
What is Louisiana Workers' Compensation Law?
The Louisiana Workers' Compensation Law, also known as the "Louisiana Workers'
Compensation Act," is a set of regulations that govern the workers' compensation system in the
state. It provides a legal framework to ensure that injured workers receive timely medical
treatment, wage replacement benefits, and vocational rehabilitation services. The law also
outlines the responsibilities of employers and employees regarding workers' compensation
insurance coverage.
Coverage and Requirements
Who is Covered?
Most employees in Louisiana are covered by workers' compensation from the day they start
employment. This coverage applies to full-time, part-time, seasonal, and minor employees. Even
subcontractors and certain independent contractors may be considered employees if they are
involved in the pursuit of the employer's trade, business, or occupation, or if they perform
substantial manual labor. However, there are some exemptions, such as domestic employees,
specific musicians and entertainers, and certain public officials.

2. Employer Requirements
In Louisiana, every employer is required to have workers' compensation insurance or be
approved for self-insurance. This requirement applies to almost all employers, regardless of the
number of employees. Sole proprietors and partnerships without employees are generally
exempt from this requirement, but they may choose to obtain coverage voluntarily. Employers
must report any work-related injuries resulting in death or lost time exceeding one week to their
insurer and the Office of Workers' Compensation Administration (OWCA) within ten days.
Out-of-State Employers
If an out-of-state company operates in Louisiana and has workers within the state's borders,
they must provide workers' compensation coverage that complies with Louisiana's regulations.
Benefits and Compensation
When an employee suffers a work-related injury or illness, the Louisiana Workers'
Compensation Law ensures they receive appropriate benefits and compensation. Let's explore
the various types of benefits available under this law.
Medical Benefits
One of the primary benefits provided by workers' compensation is medical care coverage. The
employer or their insurance company is responsible for paying for any necessary medical
treatment related to the work-related injury or illness. This includes doctor visits, hospital stays,
surgeries, prescription medications, physical therapy, and other relevant medical services.
Mileage reimbursement for travel to and from medical appointments may also be provided.
Indemnity Benefits
Indemnity benefits, also known as wage replacement benefits, are designed to compensate
employees for lost wages due to their work-related injury or illness. These benefits come into
play when an employee is unable to work for more than seven calendar days. The amount of
indemnity benefits is typically equal to two-thirds of the employee's average weekly wage,
subject to a maximum and minimum benefit amount set by the OWCA. The first payment of
indemnity benefits is due on the fourteenth day after the employer or insurer becomes aware of
the injury or death.
Temporary Total Disability (TTD) Benefits
Temporary Total Disability (TTD) benefits are provided to employees who are temporarily
unable to work due to their work-related injury or illness. These benefits are calculated as two-
thirds of the employee's average weekly wage and are payable until the employee is medically
cleared to return to work or reaches maximum medical improvement.
Supplemental Earnings Benefits (SEB)
Supplemental Earnings Benefits (SEB) are available for employees who are able to return to
work but are unable to earn at least 90% of their pre-injury wages. SEB covers the difference
between the pre-injury average monthly wages and the average monthly wage the employee is
capable of earning. These benefits are payable on a monthly or weekly basis, depending on the
employee's income and earning capacity.
Permanent Partial Disability (PPD) Benefits
Permanent Partial Disability (PPD) benefits are provided to employees who have suffered a
permanent impairment or loss of function due to a work-related injury or illness. These benefits

3. are intended to compensate for the diminished earning capacity resulting from the injury. The
specific amount of PPD benefits depends on the nature and severity of the impairment.
Permanent Total Disability (PTD) Benefits
Permanent Total Disability (PTD) benefits are available to employees who have sustained severe
injuries or illnesses that prevent them from ever returning to work. To qualify for PTD benefits,
the employee must prove that they are unable to engage in any gainful employment. These
benefits are typically calculated as two-thirds of the employee's average weekly wage and are
payable for the duration of the disability.
Vocational Rehabilitation
Vocational rehabilitation services may be provided to employees who are unable to earn what
they could before their injury or illness. These services aim to assist the employee in obtaining
new job skills, finding suitable employment, or participating in job retraining programs.
Vocational rehabilitation can help injured workers reintegrate into the workforce and regain
their independence.
Death Benefits
In the unfortunate event of an employee's death due to a work-related injury or within two
years of the last treatment for the injury, death benefits are provided to surviving dependents.
These benefits include weekly installments based on a percentage of the deceased employee's
pre-injury salary. If there are no surviving dependents, a one-time benefit may be paid to the
deceased employee's surviving parents.
Catastrophic Injury Benefits
Louisiana also offers additional benefits for certain catastrophic injuries. Employees who suffer
paraplegia, quadriplegia, or the total anatomical loss of both hands, both arms, both feet, both
legs, or both eyes are eligible for a one-time payment of $50,000. These injuries have a
profound impact on an individual's life, and the additional compensation aims to provide
financial support during such challenging times.
Filing a Workers' Compensation Claim
When an employee sustains a work-related injury or illness, it is crucial to initiate the workers'
compensation claim process promptly. Here are the steps involved in filing a claim in Louisiana:
1. Seek Medical Attention: The first priority is to ensure the injured employee receives
appropriate medical care. For serious or life-threatening injuries, call 911 immediately. For
less severe injuries, arrange transportation to the nearest Urgent Care facility or hospital.
2. Notify Employer: The injured employee must notify their employer about the injury within
30 days. It is essential to report the incident as soon as possible to ensure timely processing
of the workers' compensation claim.
3. Complete the First Report of Injury or Illness Form: Within ten days of actual knowledge of
an injury resulting in death or lost time exceeding one week, the employer must complete
and submit the First Report of Injury or Illness form to their insurer and the OWCA. This
form provides details about the injury or illness and its circumstances.
4. Document the Injury: Employers must document the injury by completing the necessary
forms and maintaining accurate records. This documentation helps establish the validity of
the claim and ensures compliance with reporting requirements.

4. 5. Follow Up with Insurer and OWCA: Throughout the claim process, the injured employee,
employer, and insurer may need to communicate with the OWCA regarding the claim's
status, any disputes, or additional information required.
6. Disputed Claims and Appeals: If there is a disagreement regarding the benefits or
compensation provided, the employee or their representative can file a Disputed Claim for
Compensation form. This initiates the resolution process, which may involve a preliminary
determination hearing or trial on the merits.
Conclusion
Understanding the Louisiana Workers' Compensation Law is essential for both employers and
employees. Compliance with the law's requirements ensures that injured workers receive the
necessary medical care and financial support, while employers fulfill their obligations to provide
a safe and secure work environment. By familiarizing yourself with the coverage, benefits, and
claim process outlined in this guide, you can navigate the workers' compensation system with
confidence and ensure the well-being of all parties involved.
For specific legal advice or assistance with workers' compensation matters, it is recommended
to consult with your legal counsel and human resources professionals.
"Workers' compensation is not just a legal requirement; it is a vital safety net for employees and
employers alike. By understanding the Louisiana Workers' Compensation Law and fulfilling our
obligations, we can create a workplace environment that prioritizes the well-being and
protection of everyone involved."