Workers compensation law, rules and policy information for Louisiana



Related Pages: For More About Louisiana Rules

State: Louisiana

Updated: 03-10-2018

Authority/State Rating Bureau: NCCI

National Council on Compensation Insurance (NCCI)
901 Peninsula Corporate Circle
Boca Raton, FL 33487-1362
800-622-4123

Compulsory: Yes

Private Insurance: Allowed

Self-Insurance: Allowed

State Fund: There is no state fund

Assigned Risk: Louisiana Workers Compensation Corporation, a competitive fund, contact at: http://www.lwcc.com/

Assigned Risk Contact Information: Louisiana Workers Compensation Corporation ; Louisiana Assigned Risk Plan, Pool or Residual Market is administered by Louisiana Workers Compensation Corporation

Numerical Exceptions: None. See special notes for exemptions.

Individual Waivers Allowed: Yes

Small Deductible Program Details:
Allowed: No
Deductible Range: NA
Type: NA
Effect on Experience Rating: NA
Available In: NA
For More Information About Small Deductible Plans and How They Work

Sole Proprietor: Included/may elect to be excluded. If included the rating payroll used is $40,100 per year as of 5-1-2011, $41,000 as of 5-1-2012, $42,000 as of 5-1-2013, $43,000 as of 5-1-14, $43,700 as of 5-1-15. $45,600 as of 5-1-17. $45,200 as of 5-1-2018.

Partners: Included /may elect to be excluded. If included the rating payroll used is $40,100 per year as of 5-1-2011, $41,000 as of 5-1-2012, $42,000 as of 5-1-2013, $43,000 as of 5-1-2014, $43,700 as of 5-1-15. $45,600 as of 5-1-17. $45,200 as of 5-1-2018.

Corporate Officers: Included in coverage/may elect to be exempt. If included the minimum weekly payroll used for rating is $750 and the maximum is $2,300 as of 5-1-2011, $800 / $2,400 as of 5-1-2012, $850 / $2,500 as of 5-1-2014, $850 / $2,500 as of 5-1-2015. $900 / $2,600 as of 5-1-2017. $850 / $2,600 as of 5-1-2018.

LLC Members: Included in coverage/may elect to be exempt if member owns 10% or more interest in company. Corporation status. Treated as Corporate Officer. If included the minimum weekly payroll used for rating is $750 and the maximum is $2,300 as of 5-1-2011, $800 / $2,400 as of 5-1-2012, $850 / $2,500 as of 5-1-2014, $850 / $2,500 as of 5-1-2015. $900 / $2,600 as of 5-1-2017. $850 / $2,600 as of 5-1-2018.

Election or Rejection of Coverage Form:  A Louisiana Election – Rejection Form is not readily available on their state website however this link will take you to the Louisiana Workforce Commission page with a listing of available workers compensation forms:
Louisiana Workers Compensation Forms Directory

Notes About Forms: Be sure to check with your insurance company for additional forms they may use.


Contractors: The exemptions listed in special notes apply. Otherwise, sub-contractors/contractors must meet the same standards for workers’ compensation insurance

Special Notes: There are some exemptions from carrying workers’ compensation. Below is a list of whom are exempt from workers’ compensation insurance in Louisiana.

  • Any employee of a private residential householder or of a private
    unincorporated farm

  • Musicians and performers who are rendering services related to a performance contract
  • Employees covered by the Federal Employer’s Liability Act, the Longshoremen’s and Harbor Workers’ Compensation Act and the Jones Act
  • Any employer acting as a common carrier while engaged in interstate or foreign trade by railroad
  • The crews of any airplane working in dusting or spraying operations
  • Uncompensated officers and members of boards of directors of select nonprofit organizations
  • All real estate brokers or sales agents licensed to do business in the State of Louisiana
  • Any person performing services relating to the exploration, development, production, or transportation of minerals

In certain cases an employee who qualifies under these exemptions may seek tort recovery for injuries stemming from such labor, work, or services from any insurance policy that a homeowner or employer may have which provides coverage to persons injured on their premises.

Experience Rating Eligibility: Louisiana employers will receive an experience modification rate or EMR when they meet one of these triggers:

  • $10,000 in policy premium is generated during the last year or last two years.
  • $5,000 is the average policy premium generated for more than two years.

Louisiana Workers Compensation Subrogation: Louisiana State Statute 23:1101 provides you with information on subrogation of workers compensation for the State of Louisiana. 23:1101 is titled “Employee and employer suits against third persons; effect on right to compensation.” Follow the link below and it will take you directly to this Louisiana statute for viewing.

Louisiana Statute On Subrogation
 
Treatment of Louisiana Workers Working In Other States; Other States Workers Working In Louisiana, Extraterritorial, Reciprocity and Non-Compliance:  If Louisiana workers are working temporarily in another state, then workers compensation coverage for that worker is governed by the extraterritorial provisions found in Louisiana statutes. When allowed, extraterritorial provisions allow benefits for an injured worker to apply as if the worker was in their primary state. Not all states provide Extraterritorial Provisions. It’s reciprocity that governs coverage for a worker from another state who is working temporarily in Louisiana. Louisiana will accept converage from other jurisdictions if the employee is working temporarily however while the temporary worker may file a claim under Louisiana coverage, the extraterritorial provisions of the employer from another state will cause the Louisiana claim to be dismissed. A credit applies for benefits paid under another states workers comp laws. Compliance of workers compensation laws varies from state to state and it is important for an employer with workers performing duties in other states to be aware of the specific state rules that govern their coverage. We’ve provided the below general information about extraterritorial and reciprocity as a basic guide. Please contact your state authority with your specific questions concerning this topic!

  • Extraterritorial:
    • Provisions: Yes
    • Duration: A limit of 6 months applies but may be extended.
  • Reciprocity:
    • Allowed: Yes
  • Specific Statute or Reference: Louisiana 23.1035.1
  • For More Information Contact: Louisiana Workforce Commission Department of Workers Compensation as shown below.




Regulated By: Office of Workers’ Compensation Administration

Office of Workers’ Compensation Administration
P.O. Box 94040
Baton Rouge, LA 70804-9040
Phone 225-342-7555 Fax 225-342-5665
http://www.laworks.net/wrk_owca.asp

Workers compensation statute can be found here:

Workers Comp Statutes for Louisiana

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Information on this page is provided only as a reference. While we strive to mantain accurate information on this site please realize workers compensation laws are complicated and subject to change at any time. No warranty as to the accuracy or completeness of this information is provided or to be implied. You must verify this data before use with the individual governing authority for this state. If you need help with a workers compensation problem or have a specific situation or question please contact our office. Otherwise please consult your states governing authority or an attorney in your state of residency for assistance.
 

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WORKERS COMPENSATION CONSULTANT
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Fax: (573) 447-4998
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