Louisiana Workers Compensation Laws

The Louisiana Workers' Compensation Act
Selected Louisiana Revised Statutes
Chapter 23, Sections 1021 - 1379
Louisiana Workers Compensation Laws

Via The Web Portal To The
Louisiana State Legislature

Part 1: Scope and Operations

Louisiana Workers Compensation Act
Subpart A: Definitions

RS 23:1021 Terms Defined

Louisiana Workers Compensation Act
Subpart B: Liability of Employers (Coverage)

RS 23:1031

Employee's right of action; joint employers, extent of liability; borrowed employees

RS 23:1031.1 Occupational disease

RS 23:1032

Exclusiveness of rights and
remedies; employer's liability to
prosecution under other laws

RS 23:1032.1 Penalties for failure to secure payment

RS 23:1033 Contracts against liability prohibited

RS 23:1034 Public employees; exclusiveness of remedies

RS 23:1034.1 Law enforcement officers; coverage

RS 23:1034.2 Reimbursement schedule

RS 23:1035 Employees covered

RS 23:1035.1 Extraterritorial coverage

RS 23:1035.2 Claims covered by certain federal laws

RS 23:1036 Volunteer firefighters

RS 23:1037

Employees of railroads in interstate or foreign commerce; vessels in interstate or foreign commerce

RS 23:1038 R epealed. Sept. 1, 1975

RS 23:1044 Presumption of employee status

RS 23:1045 Persons exempt from coverage

RS 23:1046

Chapter inapplicable to uncompensated officers and uncompensated members of the board of directors of certain nonprofit organizations

RS 23:1047 Real estate salesmen exempt from coverage

RS 23:1048 Landmen exempt from coverage

Louisiana Workers Compensation Act
Subpart C: Liability to Employees of Independent Contractor

RS 23:1061 Principal contractors; liability

RS 23:1062 Sub-contractors; liability

RS 23:1063
Suits against principal contractors; subcontractors as co-defendants

Louisiana Workers Compensation Act
Subpart D: Defenses

RS 23:1081 Defenses

Louisiana Workers Compensation Act
Subpart E: Rights Against Third Persons

RS 23:1101

Employee and employer suits against third persons; effect on right to compensation

RS 23:1102

Employee or employer suits against third persons causing injury; notice of filing

RS 23:1103

Damages; apportionment of between employer and employee in suits against third persons; compromise of claims; credit

RS 23:1104 Quantification of employer fault

Louisiana Workers Compensation Act
Subpart F: Medical Examinations

RS 23:1121 Examination of injured employee

RS 23:1122 Employer's duty to cause examination of employee; rights of employee

RS 23:1123

Disputes as to physical condition of employee; examination under supervision of the director

RS 23:1124
Refusal to submit to examination; effect on right to compensation

RS 23:1124.1
Cumulative medical testimony; medical examination

RS 23:1125

Right of employee to written report of medical examination; penalty for failure to furnish

RS 23:1126

Monitoring procedures of toxic substances in places of employment; access to records; penalties

RS 23:1127 Release of medical records and information

Louisiana Workers Compensation Act
Subpart G: Attorneys and Physicians

RS 23:1131 Repealed. June 15, 2004.

RS 23:1141
Attorney fees; privilege on compensation awards

RS 23:1142 Approval of health care providers; fees

RS 23:1143

Excessive fees or solicitation of employment; penalty; withholding attorney fees; approval by workers' compensation judge

RS 23:1144 Repealed. June 27, 2001

Louisiana Workers Compensation Act
Subpart H: Liability Insurance

RS 23:1161

Insurance policies; application of provisions; approval by insurance commissioner; admitted carriers; exceptions

RS 23:1161.1
Worker's compensation claims office or licensed claims adjusters; waiver

RS 23:1162
Contents of insurance contract; enforcement by employee; subrogation of insurer

RS 23:1163
Premiums; contribution by employees prohibited; penalty

RS 23:1164
Insolvency of employer; employee's rights against insurer

RS 23:1165 Additional compensation agreements; insurance

RS 23:1166 Issuance of policies; liability

RS 23:1167
Insolvency of unauthorized ceding insurer; claim against assuming insurer

RS 23:1168 Ways of securing compensation to employees

RS 23:1168.1 Self-insurance

RS 23:1169
Failure of employer to secure payment; power of director

RS 23:1170

Penalty for failure to secure workers' compensation insurance; assessment and collection

RS 23:1171 Civil fine; hearing; appeal

RS 23:1171.1 Discontinuance of business; injunction; procedure

RS 23:1171.2 Default of employer; additional liability

RS 23:1172 Criminal penalties

RS 23:1172.1 Willful misrepresentation by employer; aid or abet; criminal penalties; civil immunity

RS 23:1172.2 Unlawful practices

RS 23:1173 Rules and regulations

RS 23:1174 Certificate of compliance

RS 23:1174.1
Workers' compensation programs; ability to contract

Louisiana Workers Compensation Act
Subpart H-1: Insurance Cost Containment

RS 23:1175 Short title; legislative intent

RS 23:1176 Definitions

RS 23:1177 Collection of information; target list

RS 23:1178 Cost containment meeting; incentive discount

RS 23:1179
Occupational safety and health program; incentive discount

RS 23:1180 Evaluation

RS 23:1181 Insured experience information

Louisiana Workers Compensation Act
Subpart I: Foreign Employers

RS 23:1182 Repealed June 16, 1995.

Louisiana Workers Compensation Act
Subpart J: Group Self-Insurance Funds

RS 23:1191 Repealed June 21, 1995

RS 23:1192 Repealed June 21, 1995.

RS 23:1193 Repealed June 21, 1995.

RS 23:1194 Repealed June 21, 1995

RS 23:1195
Authorization; trade or professional association; initial financial requirements

RS 23:1196

Requirements; excess insurance; administrative and service companies; status; liability; refunds

RS 23:1196.1 Investments

RS 23:1197 Authority of department of insurance

RS 23:1198 Licensing of agents; claims against insurance agents

RS 23:1199 Rates

RS 23:1200 Review of rate determination

RS 23:1200.1 Rules and regulations

RS 23:1200.2 Prohibited activities and sanctions; duties of group self-insurance funds and others; civil immunity; definitions

RS 23:1200.3 Exclusive use of expirations

Louisiana Workers Compensation Act
Part 2: Benefits
Subpart A: General Provisions

RS 23:1201

Time and place of payment; failure to pay timely; failure to authorize; penalties and attorney fees

RS 23:1201.1 Mailing of payments at option of employee

RS 23:1201.2 Repealed by acts 2003, no. 1204, §2.

RS 23:1201.3

Failure to pay compensation; judgment and execution; interest; revocation or suspension of insurer's license

RS 23:1201.4 Forfeiture of benefits while incarcerated

RS 23:1202 Maximum and minimum amounts payable

RS 23:1203

Duty to furnish medical and vocational rehabilitation expenses; prosthetic devices; other expenses

RS 23:1204

Furnishing of medical services or advancing voluntary payments not admission of liability

RS 23:1205
Claim for payments; privilege of employee; non-assignability; exemption from seizure

RS 23:1206
Voluntary payments; deductions from benefits

RS 23:1207
Rival claimants; payment; discharge of employer

RS 23:1208
Misrepresentations concerning benefit payments; penalty

RS 23:1208.1
Employer's inquiry into employee's previous injury claims; forfeiture of benefits

RS 23:1208.2
Duty to report fraud; immunity from civil liability

RS 23:1209
Prescription; timeliness of filing; dismissal for want of prosecution

RS 23:1210 Burial expenses; duty to furnish

RS 23:1211
Special compensation benefits for injury or death of member of national guard

RS 23:1212 Medical expense offset

Louisiana Workers Compensation Act
Subpart B: Disability Benefits

RS 23:1221

Temporary total disability; permanent total disability; supplemental earnings benefits; permanent partial disability; schedule of payments

RS 23:1222
Probable duration of disability not basis for award

RS 23:1223 Deductions from benefits

RS 23:1224
Payments not recoverable for first week; exceptions

RS 23:1225 Reductions when other benefits payable

RS 23:1226 Rehabilitation of injured employees

Louisiana Workers Compensation Act
Subpart C: Death Benefits

RS 23:1231
Death of employee; payment to dependents; surviving parents

RS 23:1232
Allocation to dependents; schedule of payments

RS 23:1233
Death or marriage of dependent; age limit of minor dependent

RS 23:1234

Minors and mental incompetents; rights and privileges, by whom exercised; prescriptions applicable

RS 23:1235 Payments to minor dependents; how made

RS 23:1236
Payments to employee before death; effect on payments to dependents

Louisiana Workers Compensation Act
Subpart D: Dependents

RS 23:1251 Persons conclusively presumed dependents

RS 23:1252 Determination of dependency in other cases

RS 23:1253 Membership in family or relationship

RS 23:1254
Dependency at the time of accident and death

RS 23:1255
Widow or widower; living with spouse at time of injury or death

RS 23:1261 Repealed by acts 1991, no. 565, 2.

Louisiana Workers Compensation Act
Part 3: Voluntary Settlement of Claims

RS 23:1271 Right of parties to settle or compromise

RS 23:1272

Approval of lump sum or compromise settlements by the workers' compensation judge

RS 23:1273
Repealed by Acts 1988, no. 938, 3, eff. Jan. 1, 1990.

RS 23:1274
Lump sum settlements; necessity for approval

Louisiana Workers Compensation Act
Part 4: Administration of Claims

Subpart A: Office of Workers' Compensation Administration

RS 23:1291
Creation, powers, and duties of the office of workers' compensation administration

RS 23:1291.1 Annual reports; assessment; collection

RS 23:1292 Statistical data; required reports; penalties

RS 23:1293
Confidentiality of records; exceptions; penalties for violation

RS 23:1294 Workers' compensation advisory council

RS 23:1295 Investigations

RS 23:1296 Administrator; powers

RS 23:1297
Subpoenas

Louisiana Workers Compensation Act
Subpart A-1: Notice of Injury of Accident

RS 23:1301 Notice of injury or accident; reports

RS 23:1302
Employer's duty to advise employees as to necessity of notice

RS 23:1303 Contents of notice

RS 23:1304 Persons to whom notice given

RS 23:1305

Inaccuracies as to time, nature, place, or cause, of injury; effect of delay or lack of notice

RS 23:1306 Employer reports

RS 23:1307 Information to injured employee

Louisiana Workers Compensation Act
Subpart B: Claim Resolution

RS 23:1310
Initial filing of claim with office of worker's compensation administration

RS 23:1310.1

Workers' compensation judges; creation; tenure; qualification; presiding officer; rules and regulations; hearings; director

RS 23:1310.2 Duties of director

RS 23:1310.3 Initiation of claims; procedure

RS 23:1310.4 Place hearings to be held

RS 23:1310.5
Hearing and appellate procedures; reported opinions

RS 23:1310.6 Director; powers and duties

RS 23:1310.7
Orders; subpoenas; judgments; enforcement; contempt

RS 23:1310.8
Jurisdiction continuing; determining as to final settlement

RS 23:1310.9 Costs

RS 23:1310.10 Report to governor, supreme court, and legislature

RS 23:1310.11
Deposit of fees in workers' compensation administration fund

RS 23:1310.12
Copies of documents and papers; fees; revolving fund

RS 23:1310.13

Expenses of director; penalties imposed by act; payment into special state treasury fund

RS 23:1310.14 Securing information

RS 23:1310.15
Employer's records and books; subject to inspection; self-incriminating evidence

RS 23:1311 Contents of petition

RS 23:1312 Suits against the state; filing; procedure

RS 23:1313 Repealed Jan. 1, 1990

RS 23:1314
Necessary allegations; dismissal of premature petition

RS 23:1315 Repealed Jan. 1, 1990.

RS 23:1316 Answer, failure to file; judgment by default

RS 23:1316.1 Confirmation of judgment by default

RS 23:1317

Hearing on the merits; rules of procedure; effect of judgment; costs; fees of medical witnesses

RS 23:1317.1 Independent medical examinations

RS 23:1318
Director and office employees not subject to subpoena

RS 23:1319 Evidence; depositions in advance of hearing

RS 23:1320 Repealed. Jan. 1, 1990.

RS 23:1321 Repealed. Jan. 1, 1990.

Louisiana Workers Compensation Act
Subpart C: Judgments

RS 23:1331
Repealed. Acts 1988, no. 938, 3, eff. Jan. 1, 1990.

RS 23:1332
Awards in favor of minors or interdicts; tutor's bond and report

RS 23:1333
Employer's insolvency or failure to pay after award; acceleration of payments

Louisiana Workers Compensation Act
Subpart D: Appeals

RS 23:1351 Repealed. Jan. 1, 1990.

Louisiana Workers Compensation Act
Part 5: Louisiana Workers' Compensation Second Injury Fund

RS 23:1371 Purpose and construction

RS 23:1372 Louisiana worker's compensation second injury board; creation, domicile, membership

RS 23:1373 Meetings; quorum; officers

RS 23:1374 Salary; expenses

RS 23:1375 Personnel

RS 23:1376 Rule making power; reports

RS 23:1377 Workers' compensation second injury fund

RS 23:1378 Determination of liability of fund

RS 23:1379 Annual report

The Louisiana Administrative Code
Title 40: Labor & Employment
Part I: Workers' Compensation Administration

Via The Louisiana
Department Of Labor

Chapter 7 Rehabilitation Services

Chapter 9 Safety Requirements

Chapter 15 Drug Testing In Job Related Accident Cases

Chapter 19 Fraud

Chapter 27 Utilization Review Procedures

Chapter 55 Hearing Rules

Title 40: Labor & Employment - Complete

La.R.S. 23 La.R.S. Chapter 23 - Complete