In Louisiana, Workers Compensation is required of all employers, although some waivers are permitted. It is incumbent upon the employer to submit proof to the State Agency that there is financial capability of insuring the workers that are hired. Louisiana workers compensation insurance can be obtained either by purchasing coverage from a private insurance company, by becoming self insured or by participating in a self insurance pool. Almost one third of employers in Louisiana choose workers compensation insurance through the Louisiana Workers Compensation Corporation.
When a Louisiana worker is injured on the job or falls prey to an occupational illness, the worker is required to have an employer paid medical examination and must keep the employer apprised of any change in condition. The employer is required to report the incident to the Office of Workers Compensation Administration and to the insurance provider before ten days.
Workers are not eligible for workers compensation in Louisiana when there is a case of intentional injury to oneself or to another worker, when the worker is intoxicated when injured. There is a waiting period of seven days following the injury before compensation benefits may be claimed.
Administratively, the Office of Workers Compensation Administration in Louisiana is part of the Department of Labor. Rates are reviewed and adjusted annually for benefits--changes are effective each September 1.
Coverage of workers is fairly typical among the states. Agricultural workers are covered under workers compensation insurance except for employees of small unincorporated agricultural businesses. Domestic servants are not covered under Louisiana laws. The employee is permitted to select the physician of choice and reasonable attorney fees are permitted.
Benefits included are full medical benefits during treatment and recovery as well as various levels of compensation dependent upon the level of disability and whether or not there are other benefits such as OASDI benefits. Generally, compensation for temporary disability and permanent disability are 2/3 or the gross income at the time of the injury. A special program that can be a tremendous benefit to dependents up to age 25 of workers who have incurred permanent disability or death under the provisions of a state or federal workers compensation law, is Kids Chance--a post secondary education scholarship fund.
The Office of Workers Compensation Administration takes an active role in helping employers make work places safer. The Workplace Safety Section is designed to point out areas where there are potential dangers and give employers the opportunity to correct such problem areas voluntarily within a 30 day time frame. The Cost Containment program administered by the Office of Workers Compensation Administration makes it possible for all employers in Louisiana to have lower costs for workers compensation coverage. Specifically, reductions in premiums up to 7% are available for Louisiana businesses who have completed requirements of the program which includes a two percent reduction for a EMOD rate of 1.5 or higher for the previous year and five percent reduction for participating in a free on site full health and safety survey of the place of business. Effective workplace safety program components must be identified and initiated to gain the reduction in workers compensation rates.
As with other States, employers in Louisiana understand that a comprehensive workers compensation plan is a type of contract with employees--the trade off being that the employer agrees to provide workers compensation benefits with the understanding that the benefits received in this way are an alternative to further legal action or legal claims against the employer by the injured worker. Most claims are settled without the necessity of resorting to legal action outside the workers compensation appeals process.
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