Louisiana Workers' Compensation: Fast Facts

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Coverage Requirements Under Louisiana State Law

Every Louisiana employer with a single employee must provide workers' compensation insurance coverage. This law applies to temporary, seasonal, part-time, or full-time employees, with some exceptions (see below).

Work-Related Injury or Illness Reporting Requirements

Notify your employer immediately about your work-related illness or injury, preferably in writing. You must report it within 30 days or lose your right to claim any Louisiana workers' compensation benefits. Once you report it, your employer must notify the Office of Workers' Compensation Administration (OWCA) within 10 days.

Where to Seek Medical Care

You can see any doctor you choose to treat your occupational illness or work injury. However, in some cases, your employer has the right to request an independent medical exam (IME).

Waiting Period for Lost-Wage Benefits in Louisiana

Your first 7 days off are always unpaid unless you're unable to work at all for at least 2 weeks. Your TTD payments should begin on the 14th day after you report your work-related injury or illness to your employer. On day 15, you'll qualify for lost-wage benefits covering that first unpaid week you took off work. If you don't need at least a week off work to recover, then workers' comp only pays for medical benefits.

Louisiana Workers' Compensation Statute of Limitations

You have one year from your job injury or illness diagnosis date to file your Louisiana workers' compensation claim.

Louisiana Weekly Compensation Rate

You can receive 66 2/3% of your gross average weekly wages, subject to the state's current maximum and minimum amounts.

How Long You Can Receive Louisiana Workers' Comp Benefits

  • Medical benefits: unlimited until you return to work or reach maximum medical improvement, whichever comes first
  • Death benefits: $8,500 for funeral and burial expenses, plus weekly payments equal to 65% of the AWW at the time of the deceased's death until the surviving spouse remarries or dies; upon remarriage, the surviving spouse can receive a lump-sum payment equal to 2 years of benefit payments
  • Temporary Total Disability (TTD): until you return to work at the same earnings level or duration of disability
  • Permanent Partial Disability (PPD): up to 520 weeks for unscheduled injuries; for catastrophic injuries, you can receive an additional $50,000 1 year after your injury date
  • Temporary Partial Disability (TPD): up to 520 weeks
  • Permanent Total Disability (PTD): duration of disability

Louisiana Workers' Comp Coverage Exemptions

The following employees are automatically exempt from Louisiana workers' comp coverage:

  • Airplane crews that work in crop dusting or spraying operations
  • Anyone employed to perform development, exploration, production, or mineral transportation services
  • Domestic workers employed by a private residential homeowner
  • Federal employees
  • Independent contractors, including musicians and other performers hired to perform services under an employment contract
  • Real estate brokers and sales agents licensed to do business in this state
  • Sole proprietors and some corporate officers
  • Unincorporated farm laborers
  • Unpaid board of director members and officers for nonprofit organizations
  • Volunteers

Louisiana Workers' Compensation Attorney Fees

All Louisiana workers' compensation attorneys work on contingency. This means you only pay your lawyer after your case wins. If you don't win, then you pay your workers' comp lawyer nothing. Louisiana law says your attorney cannot charge more than 20% of your total award.