Louisiana Workers Compensation Laws and Forms - Louisiana Workers Compensation Act

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

Via The Web Portal To The
Louisiana State Legislature

Part 1: Scope and Operations
Subpart A: Definitions

RS 23:1021 Terms Defined

Subpart B: Liability of Employers (Coverage)

RS 23:1031

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

Louisiana
Workers'
Compensation
Forms

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RS 23:1038 Repealed. 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

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

Subpart D: Defenses

RS 23:1081

Defenses

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

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

Subpart G: Attorneys and Physicians

RS 23:1131	Repealed. 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. Acts 2001, No. 1014, 2, eff. June 27, 2001

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

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

Subpart I: Foreign Employers

RS 23:1182

Repealed by acts 1995, no. 349, 2, eff. june 16, 1995.

Subpart J: Group Self-Insurance Funds

RS 23:1191	Repealed by Acts 1995, no. 703, 2, eff. June 21, 1995
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

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

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

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

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.

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

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

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

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
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