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Louisiana Workers Compensation Laws

Louisiana Workers Compensation Laws are found primarily in two sources, the Louisiana Revised Statutes Chapter 23, Sections 1021 – 1379 and in The Louisiana Administrative Code Title 40: Labor & Employment Part I: Workers’ Compensation Administration

Louisiana Revised Statutes Chapter 23, Sections 1021 – 1379

RS 23:1021 Terms defined
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 Failure of employer to secure payment; penalties
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RS 23:1038 To 1043 repealed by acts 1975, no. 583, 15, eff. 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
RS 23:1061 Principal contractors; liability
RS 23:1062 Sub-contractors; liability
RS 23:1063 Suits against principal contractors; subcontractors as co-defendants
RS 23:1081 Defenses
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
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 condition, capacity to work, or current medical treatment 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
RS 23:1131 Repealed by acts 2004, no. 261, §1, eff. 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 by acts 2001, no. 1014, 2, eff. june 27, 2001.
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 23:1168.3 Grounds for default; forfeiture of security; records of claims
RS 23:1168.4 Duties of the director
RS 23:1168.5 Deposit of monies collected
RS 23:1168.6 Appointment of assistants
RS 23:1168.7 Priority of claims
RS 23:1168.8 Time to file claims
RS 23:1168.9 Proof and allowance of claims
RS 23:1168.10 Appeal of a decision of the director
RS 23:1168.11 Confidentiality of certain proceedings and records; immunity of certain staff
RS 23:1168.12 Cooperation of officers, owners, and employees; civil penalties
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
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
RS 23:1182 Repealed by acts 1995, no. 349, 2, eff. june 16, 1995.
RS 23:1191 Definitions
RS 23:1192 Repealed by acts 1995, no. 703, 2, eff. june 21, 1995.
RS 23:1193 Repealed by acts 1995, no. 703, 2, eff. june 21, 1995.
RS 23:1194 Repealed by acts 1995, no. 703, 2, eff. 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
RS 23:1200.4 Consecutive net losses
RS 23:1200.5 Insolvencies
RS 23:1201 Time and place of payment; failure to pay timely; failure to authorize; penalties and attorney fees
RS 23:1201.1 Repealed by acts 2010, no. 3,
§2, eff. may 11, 2010.
RS 23:1201.2 Repealed by acts 2003, no. 1204, &setc;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 23:1203.1 Medical treatment schedule
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; payment of denied medical expenses
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
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
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
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.
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
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
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
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; voluntary mediation; 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 by acts 1988, no. 938, 3, eff. jan. 1, 1990.
RS 23:1314 Necessary allegations; dismissal of premature petition
RS 23:1315 Repealed by acts 1988, no. 938, 3, eff. 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 by acts 1988, no. 938, 3, eff. jan. 1, 1990.
RS 23:1321 Repealed by acts 1988, no. 938, 3, eff. jan. 1, 1990.
RS 23:1331 Repealed by 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
RS 23:1351 Repealed by acts 1988, no. 938, 3, eff. jan. 1, 1990.
RS 23:1361 Unlawful discrimination prohibited
RS 23:1371 Purpose and intent
RS 23:1371.1 Definitions
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

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

La.R.S. 23 La.R.S. Chapter 23 – Complete

This post is general information about legal developments, not legal advice. It may discuss court decisions, statutes, or regulations without describing every fact, issue, or exception that could apply, and state and federal law changes over time. No representation is made that this post is accurate, complete, or current, either now or at the time it was published. Reading it does not create an attorney-client relationship. See our full Disclaimer, and contact our office to discuss your specific situation.

Reviewed by Charles E. Lavis Jr. — Louisiana injury, workers’ compensation and insurance claim attorney, Lavis Law Firm. Offices in New Orleans, Metairie, and Harvey, Louisiana.

About this post: This post reflects the law as it stood on the date it was published. Louisiana and federal statutes, filing deadlines and benefit amounts change over time, and later decisions may have altered the rules described here. For the current law, see our practice area pages or contact us about your own situation. This post is general information, not legal advice.

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