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Workers' Compensation Summary - Louisiana

The Office of Workers' Compensation Administration in the Louisiana Workforce Commission (formerly the Department of Labor) is responsible for administering Workers' Compensation in Louisiana. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in Louisiana. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by the Office of Workers' Compensation Administration, and is current as of January 2011.

In Louisiana, compensation benefits are adjusted annually, and changes become effective September 1 of each year. The rates shown below are in effect from September 1, 2010 to August 31, 2011.

Type of Law and Insurance Requirements

In Louisiana, workers' compensation is compulsory, and some waivers are permitted. There is a competitive state fund. Employers may insure through private carriers, self-insurance, or through groups of employers. There is no exemption for employers with small numbers of employees.

Coverage of Agricultural Workers

Agricultural employees are covered, but the law exempts from coverage employees of private unincorporated farms, in connection with cultivating the soil or raising or harvesting any agricultural commodity, including livestock, when the employee's annual net earnings amount to $1,000 or less, and the total net earnings of all employees on the farm do not exceed $2,500.

Coverage of Domestic Employees

Domestic servants are specifically excluded from coverage.

Medical Benefits

Full medical benefits are provided with no time or monetary limitations.

Benefits for Temporary Total Disability (TTD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $154 (20% of SAWW or actual wage, if less) and the maximum is $579, 75% of SAWW. The maximum period of payments is the duration of disability. WC benefits are subject to UI benefit offsets.

Benefits for Permanent Total Disability (PTD)

Benefits for Permanent Partial Disability (PPD)

The percentage of worker's wage paid is 66 2/3. For weekly payments, there is no minimum and the maximum is $579, 75% of SAWW. For non-scheduled injuries, the maximum period of payments is 520 weeks and the maximum payment amount is $301,080. There are additional benefits of $30,000 for catastrophic injuries, payable one year after injury.

Disfigurement Benefits

Louisiana law covers disfigurements that are "Serious and permanent". Benefits are at the discretion of Court, not to exceed 66-2/3 percent of employee's wages for a maximum period of 100 weeks.

Offset Provisions in State Laws

Section 1225--Permanent total disability benefits payable under the Act will be reduced for those recipients who are also receiving Federal OASDI benefits. This reduction is to be made only to the extent that the amount of the combined Federal and State workers' compensation benefits would otherwise cause or result in a reduction of the Federal benefits pursuant to the Social Security Act (42 U.S.C., Section 424a).

Section 1225-B--No compensation will be paid for temporary or permanent total disability or supplemental earnings benefits during any week in which the employee is receiving or entitled to receive unemployment compensation benefits.

Contact Information

Office of Workers' Compensation Administration
P.O. Box 94040
Baton Rouge, LA 70804-9040

Phone: (225) 342-7555
Fax: (225) 342-5665

Internet: http://www.laworks.net/WorkersComp/OWC_MainMenu.asp

Additional Information

Historical and current compensation benefit levels are available in PDF format (requires Adobe Acrobat Reader) online at:
http://www.laworks.net/Downloads/OWC/AvgWage_MinMaxRates.pdf

Other State's Summaries

Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.

Source

Information for this topic was drawn from pages of the Office of Workers' Compensation Administration website at:
http://www.laworks.net/WorkersComp/OWC_MainMenu.asp

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