The Louisiana Workforce Commission (LWC) Department of Labor enforces the Louisiana Workers’ Compensation Act (LWCA) requiring all employers who have one or more employees, and operate within Louisiana state boundaries, to protect their employees with workers’ compensation insurance coverage.
An employee is defined as any person hired to perform services or labor for pay, whether full- or part-time, although there are some exceptions.
What Defines a Workplace Injury in Lousiana?
The Louisiana Workers’ Compensation Act defines a workplace accident as an “unexpected or unforeseen, identifiable precipitous event happening suddenly or violently, with or without human fault and directly producing at the time objective findings of an injury, which is more than simply a gradual deterioration or progressive degeneration.”
Under LWCA, it is irrelevant whether the accident was the employee’s or the employer’s fault with certain restrictions involving intoxication, horseplay, willful intent, or aggression.
An employer’s workers’ compensation policy protects employees who are injured in accidents or conditions arising “out of or in the course of employment.”
Louisiana Compensation Laws for Workplace Injuries
The United States enacted workers’ compensation laws in 1910 with Louisiana following suit and created its own program in 1914.
The law guarantees that an injured employee will receive appropriate medical care and expenses, rehabilitation, vocational retraining if necessary, and are entitled to recover lost wages (2/3 of regular pay tax-free). If an employee dies on the job or because of job conditions, their qualifying loved one(s) are entitled to death benefits.
If an employer fails to provide workers’ compensation coverage to their employees, they may be fined and/or imprisoned for federal and Louisiana Department of Labor violations.
It is a serious offense, both civilly and criminally, for an employer not to have a workers’ compensation policy or to ask or encourage an employee to pay for their own coverage.
How Long Does an Employer Have to File a Workers Comp Claim?
If any employee suspects that their employer does not have workers’ compensation coverage or if the employer requires or encourages an employee to pay for or purchase a workers’ compensation insurance policy, this serious violation should be reported to the Office of Workers’ Compensation Administration (OWCA) Fraud & Compliance Department.
Gordon and Gordon Injury Attorneys
If you’ve been injured and you don’t feel as if your employer (or former employer) isn’t doing everything they can to get you up and going again, or if you feel like you’re getting the short end of the stick with respect to worker’s compensation, give Gordon and Gordon a call. We know the law surrounding personal injury cases and know how to get you the compensation you deserve.
For more information about employer workers’ compensation employee insurance coverage requirements, or if you have sustained an injury or illness because of your work conditions, call 318.716.HELP to schedule your free, no-obligation meeting with our Gordon and Gordon attorney team in our conveniently located Shreveport office. Or send us a confidential note on our contact form, and we’ll respond promptly.