Louisiana workers' compensation is administered by the Office of Workers' Compensation Administration (OWCA) within the Louisiana Workforce Commission, governed by La. R.S. § 23:1021 et seq.
1. Who Is Covered
Virtually all Louisiana employers with employees, regardless of number, must carry workers' comp (La. R.S. § 23:1035).
Includes part-time and seasonal workers.
Sole proprietors, partners, LLC members, and corporate officers may opt out.
Domestic workers, agricultural workers (some categories), and crew members on certain vessels excluded.
2. Notice to Employer — 30 Days
Under La. R.S. § 23:1301, give notice to the employer within 30 days of the accident.
Failure may bar the claim absent good cause or employer knowledge.
3. Filing Deadline — 1 Year
File LWC-WC Form 1008 (Disputed Claim for Compensation) with the OWCA within 1 year of the accident (La. R.S. § 23:1209).
For occupational disease: 1 year from disability and notice of work-relatedness.
Disputes heard by OWCA judges (workers' compensation judges).
4. Weekly Benefit Calculation
Temporary Total Disability (TTD): 66 2/3% of AWW (La. R.S. § 23:1221(1)).
2024 maximum TTD: approximately $823/week (75% of SAWW) — one of the lower caps in the country; minimum: 20% of SAWW.
Temporary Partial Disability: 66 2/3% of difference between pre- and post-injury wages.
Supplemental Earnings Benefits (SEB): 66 2/3% of difference between pre-injury AWW and post-injury earning capacity, max 520 weeks.
5. Maximum Benefit Period
TTD: until MMI.
SEB: capped at 520 weeks (La. R.S. § 23:1221(3)).
Permanent Total Disability: lifetime.
Permanent Partial (Schedule): scheduled weeks per body part.
6. Medical Treatment — Employee Chooses Initial Doctor
The employee chooses the initial treating physician in any specialty (La. R.S. § 23:1121(B)) — very employee-friendly rule.
Carrier may choose a doctor for a second opinion (Independent Medical Examination).
Medical disputes resolved by the OWCA medical director; over $750 of treatment requires authorization.
Medical benefits unlimited in duration.
7. Choice of Doctor
Broad — employee chooses initial treating physician in each specialty.
8. Attorney Fees
Capped at 20% of awarded benefits under La. R.S. § 23:1141; OWCA judge approval required.
9. Penalties for Carrier Bad Faith
La. R.S. § 23:1201 imposes statutory penalties (up to $8,000) and attorney fees against carriers who arbitrarily and capriciously deny benefits or fail to pay timely.
10. Retaliation — La. R.S. § 23:1361
Prohibits retaliatory discharge for filing a workers' comp claim; civil action for damages.
This is legal information, not legal advice.