Workers compensation insurance can be rather difficult to understand, especially as it varies – sometimes significantly – from state to state. So, what is required in Louisiana when it comes to workers comp?

In this state, employers are indeed required to have worker’s compensation insurance , or they must be approved to self-insure. It is a significant offense for an employer to offer no solution, or to try and encourage an employee to pay for their own worker’s compensation coverage. The majority of employees in the state are covered by this type of insurance from day one of their employment. It doesn’t matter whether they are full-time, seasonal or part-time. In certain circumstances subcontractors and independent contractors may also be covered, especially if they’re performing a significant amount of manual labor.

As you may know, workers compensation has been written into law in the United States for a significant amount of time. Any employee who is injured “on-the-job” is entitled to specific benefits as a consequence of the law. These benefits include medical care, lost wages, rehabilitation and in the worst case scenario death benefits to the surviving family members.

In terms of what is covered, illnesses or diseases contracted as a consequence of the occupation are included on the one side, and injuries – either mental or physical – from accidents on the other. The Louisiana Worker’s Compensation Act defines an 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.” In terms of an accident the “fault” does not affect the outcome. It matters not whether the accident may have been caused by an employee or as a fault of the employer. There are certain restrictions including willful intent, intoxication, aggression or horseplay.

It’s also important to note that if any claim is met by opposing medical opinions regarding capacity or condition then the Louisiana Office of Workers Compensation Administration has the power to appoint a medical examiner who is independent of the circumstances. Individual costs associated with this intervention are usually borne by the carrier.

These are just some of the specific areas covered by workers compensation insurance in Louisiana. As an employer, are you completely up-to-date with all the details associated with this type of business insurance ?