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0 chapters · 721 sections in this title.
La. Rev. Stat. § 23:1061 Principal contractors; liability
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§1061. Principal contractors; liability A.(1) Subject to the provisions of Paragraphs (2) and (3) of this Subsection, when any "principal" as defined in R.S. 23:1032(A)(2), undertakes to execute any work, which is a part of his trade, business, or occupation and contracts with an…
La. Rev. Stat. § 23:1062 Sub-contractors; liability
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§1062. Sub-contractors; liability Nothing in R.S. 23:1061 shall be construed as preventing an employee or his dependent from recovering compensation under this Chapter from the contractor instead of from the principal.
La. Rev. Stat. § 23:1063 Suits against principal contractors; subcontractors as co-defendants
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§1063. Suits against principal contractors; subcontractors as co-defendants A. A principal contractor, when sued by an employee of a subcontractor or his dependent, may call that contractor, or any intermediate contractor or contractors, as a co-defendant, and the principal contr…
La. Rev. Stat. § 23:107 Issuance of license; time for granting
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§107. Issuance of license; time for granting A. The assistant secretary, upon the compliance by the license applicant with the provisions of this Part, shall grant the applicant a license which shall be valid until the subsequent December thirty-first. Every license application s…
La. Rev. Stat. § 23:108 Violations by licensee; revocation or suspension
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§108. Violations by licensee; revocation or suspension A. Whenever a written complaint is filed with the assistant secretary alleging a violation of this Part or the regulations promulgated hereunder, the assistant secretary may serve notice of such allegation in writing upon the…
La. Rev. Stat. § 23:1081 Defenses
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§1081. Defenses Defenses. (1) No compensation shall be allowed for an injury caused: (a) by the injured employee's willful intention to injure himself or to injure another, or (b) by the injured employee's intoxication at the time of the injury, unless the employee's intoxication…
La. Rev. Stat. § 23:109 Revocation of license; effect
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§109. Revocation of license; effect A. Upon the revocation of any license, the assistant secretary shall take possession of the same and cancel it. B. No license shall be issued to a person whose license has been revoked, until the expiration of the time for which the revocation …
La. Rev. Stat. § 23:11 Power of secretary as to witnesses
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§11. Power of secretary as to witnesses A. The secretary or any authorized representative of the commission may administer oaths, certify to official acts, issue subpoenas, compel the attendance of witnesses, and the production of papers, books, records, accounts, documents, and …
La. Rev. Stat. § 23:1101 Employee and employer suits against third persons; effect on right to compensation
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§1101. Employee and employer suits against third persons; effect on right to compensation A. When an injury or compensable sickness or disease for which compensation is payable under this Chapter has occurred under circumstances creating in some person (in this Section referred t…
La. Rev. Stat. § 23:1102 Employee or employer suits against third persons causing injury; notice of filing
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§1102. Employee or employer suits against third persons causing injury; notice of filing A.(1) If either the employee or his dependent or the employer or insurer brings suit against a third person as provided in R.S. 23:1101, he shall forthwith notify the other in writing of such…
La. Rev. Stat. § 23:1103 Damages; apportionment of between employer and employee in suits against third
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§1103. Damages; apportionment of between employer and employee in suits against third persons; compromise of claims; credit A.(1) In the event that the employer or the employee or his dependent becomes party plaintiff in a suit against a third person, as provided in R.S. 23:1102,…
La. Rev. Stat. § 23:1104 Quantification of employer fault
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§1104. Quantification of employer fault In a suit brought pursuant to R.S. 23:1101, the fault of persons immune from suit in tort under R.S. 23:1032 shall be assessed as a percentage of the aggregate fault of all persons causing or contributing to the employee's injury, and the f…
La. Rev. Stat. § 23:111 Regulation; restrictions and prohibitions
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§111. Regulation; restrictions and prohibitions A. The assistant secretary may regulate the reasonableness of the applicant fees charged in the schedules submitted. He shall give due consideration to the fee levels in effect in Louisiana and surrounding states. Each employment se…
La. Rev. Stat. § 23:112 Regulations; public hearings; assistantsecretary
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§112. Regulations; public hearings; assistantsecretary A. The assistant secretary shall have power to regulate and supervise the operation of the business of employment services and to make, prescribe, and enforce orders, rules, and regulations to effectuate the purpose of this P…
La. Rev. Stat. § 23:1121 Examination of injured employee
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§1121. Examination of injured employee A. An injured employee shall submit himself to an examination by a duly qualified medical practitioner provided and paid for by the employer, as soon after the accident as demanded, and from time to time thereafter as often as may be reasona…
La. Rev. Stat. § 23:1122 Employer's duty to cause examination of employee; rights of employee
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§1122. Employer's duty to cause examination of employee; rights of employee The employer shall cause the examination provided for in the preceding Section to be made immediately after knowledge or notice of the accident, and to serve a copy of the report of such examination made …
La. Rev. Stat. § 23:1123 Disputes as to condition or capacity to work; additional medical opinion regarding
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§1123. Disputes as to condition or capacity to work; additional medical opinion regarding an examination under supervision of the secretary If any dispute arises as to the condition of the employee, or the employee's capacity to work, the assistant secretary, upon application of …
La. Rev. Stat. § 23:1124 Refusal to submit to an additional medical opinion regarding an examination; effect
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§1124. Refusal to submit to an additional medical opinion regarding an examination; effect on right to compensation If the employee refuses to submit himself to an additional medical opinion regarding a medical examination at the behest of the employer or an examination conducted…
La. Rev. Stat. § 23:1124.1 Cumulative medical testimony; medical examination
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§1124.1. Cumulative medical testimony; medical examination Neither the claimant nor the respondent in hearing before the hearing officer shall be permitted to introduce the testimony of more than two physicians where the evidence of any additional physician would be cumulative te…
La. Rev. Stat. § 23:1125 Right of employee to written report of medical examination; penalty for failure to furnish
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§1125. Right of employee to written report of medical examination; penalty for failure to furnish A. Whenever an employee who is being treated by his choice of medical provider shall, at the request of the employer, the employer's insurer, or the representative of the employer or…
La. Rev. Stat. § 23:1126 Monitoring procedures of toxic substances in places of employment; access to records; penalties
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§1126. Monitoring procedures of toxic substances in places of employment; access to records; penalties Whenever any employer shall order or permit to be performed any procedure for the purpose of monitoring, detection or otherwise establishing the presence of any toxic substance,…
La. Rev. Stat. § 23:1127 Release of medical records and information
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§1127. Release of medical records and information A. It is the policy for the efficient administration of the workers' compensation system that there be reasonable access to medical information for all parties to coordinate and manage the care for the injured worker and to facili…
La. Rev. Stat. § 23:113 Violations of provisions; penalty
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§113. Violations of provisions; penalty A person who acts as an employment service without a license as provided in this Part shall be punished by a fine of not less than fifty nor more than one thousand dollars per violation, by imprisonment for not more than six months, or both…
La. Rev. Stat. § 23:114 Disposition of fees collected; expenses
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§114. Disposition of fees collected; expenses Out of funds collected under this Part the assistant secretary may pay expenses incurred in administering this Part. No expenses incurred by the assistant secretary in administering this Part shall be charged to the funds of the state…
La. Rev. Stat. § 23:1141 Attorney fees; privilege on compensation awards
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§1141. Attorney fees; privilege on compensation awards A. Claims of attorneys for legal services arising under this Chapter shall not be enforceable unless reviewed and approved by a workers' compensation judge. If so approved, such claims shall have a privilege upon the compensa…
La. Rev. Stat. § 23:1142 Approval of health care providers; fees
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§1142. Approval of health care providers; fees A. Definitions. For the purposes of this Section, the following terms shall have the following meanings unless the context clearly indicates otherwise: (1) "Payor" shall mean the entity responsible, whether by law or contract, for th…
La. Rev. Stat. § 23:1143 Excessive fees or solicitation of employment; penalty; withholding attorney fees; approval by workers' compensation judge
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§1143. Excessive fees or solicitation of employment; penalty; withholding attorney fees; approval by workers' compensation judge A. Whoever exacts or receives a fee or gratuity for any services rendered on behalf of a claimant for compensation, except in the amount determined by …
La. Rev. Stat. § 23:115 Enforcement of this Part through court action
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§115. Enforcement of this Part through court action The assistant secretary may institute any action in the courts necessary to enforce compliance with any provisions of this Part or with any rule, subpoena, or order of the assistant secretary made pursuant to the provisions of t…
La. Rev. Stat. § 23:1161 Insurance policies; application of provisions; approval by insurance commissioner; admitted carriers; exceptions
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§1161. Insurance policies; application of provisions; approval by insurance commissioner; admitted carriers; exceptions A. Every policy for the insurance of the compensation herein provided for, or against liability therefor, shall be deemed to be made subject to the provisions o…
La. Rev. Stat. § 23:1161.1 Workers' compensation claims office or licensed claims adjusters; waiver
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§1161.1. Workers' compensation claims office or licensed claims adjusters; waiver A. Any insurer, authorized or unauthorized, domestic, foreign, or alien, who issues a policy for workers' compensation in this state shall either establish and maintain a claims office within the st…
La. Rev. Stat. § 23:1162 Contents of insurance contract; enforcement by employee; subrogation of insurer
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§1162. Contents of insurance contract; enforcement by employee; subrogation of insurer A. No policy of insurance against liability arising under this Chapter shall be issued unless it contains the agreement of the insurer that it will promptly pay to the person entitled to compen…
La. Rev. Stat. § 23:1163 Premium; contribution by employees prohibited; penalty
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§1163. Premium; contribution by employees prohibited; penalty A. It shall be unlawful for any employer, or his agent or representative, to collect from any of his employees directly or indirectly either by way of deduction from the employee's wages, salary, compensation, or other…
La. Rev. Stat. § 23:1164 Insolvency of employer; employee's rights against insurer
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§1164. Insolvency of employer; employee's rights against insurer If any employer carrying insurance against liability under this Chapter is or becomes insolvent, or if any execution upon a judgment for compensation against him is returned unsatisfied, any person entitled to payme…
La. Rev. Stat. § 23:1165 Additional compensation agreements; insurance
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§1165. Additional compensation agreements; insurance An employer and employee who have elected to come under the provisions of this Chapter or who may be subject thereto as provided for in R.S. 23:1034 may, by written agreement between themselves, provide for compensation in even…
La. Rev. Stat. § 23:1166 Issuance of policies; liability
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§1166. Issuance of policies; liability When an insurance company issues a policy of insurance to an employer covering claims for injuries to employees that may arise within the scope of the employer's business, the insurance company shall be estopped to deny liability on the grou…
La. Rev. Stat. § 23:1167 Insolvency of unauthorized ceding insurer; claim against assuming insurer
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§1167. Insolvency of unauthorized ceding insurer; claim against assuming insurer A. If worker's compensation insurance for an individual risk cannot be procured from an authorized insurer, such coverage may be procured from an unauthorized insurer pursuant to the provisions of R.…
La. Rev. Stat. § 23:1168 Ways of securing compensation to employees
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§1168. Ways of securing compensation to employees A. An employer shall secure compensation to his employees in one of the following ways: (1) By insuring and keeping insured the payment of such compensation with any stock corporation, mutual association, or other concern authoriz…
La. Rev. Stat. § 23:1168.1 Self-insurance
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§1168.1. Self-insurance A.(1) Notwithstanding the provisions of R.S. 23:1168(A)(5)(a), an insurer with an A.M. Best rating of A-minus or better providing excess workers' compensation coverage to more than one employer shall be entitled to satisfy all of the initial and renewal ce…
La. Rev. Stat. § 23:1168.10 Appeal of a decision of the assistant secretary
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§1168.10. Appeal of a decision of the assistant secretary In the event the assistant secretary provides for pro rata distribution of security proceeds to injured employees or issues an order or decision which may be adverse to an injured employee who has a claim, he may within si…
La. Rev. Stat. § 23:1168.11 Confidentiality of certain proceedings and records; immunity of certain staff
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§1168.11. Confidentiality of certain proceedings and records; immunity of certain staff A. Notwithstanding any other provision of law, all proceedings, hearings, notices, correspondence, reports, and other information in the possession of the assistant secretary or the office rel…
La. Rev. Stat. § 23:1168.12 Cooperation of officers, owners, and employees; civil penalties
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§1168.12. Cooperation of officers, owners, and employees; civil penalties A. Any officer, manager, director, trustee, owner, employee, or agent of any self-insured employer, or any other persons with authority over or in charge of any segment of the employer's affairs, shall coop…
La. Rev. Stat. § 23:1168.3 Grounds for default; forfeiture of security; records of claims
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§1168.3. Grounds for default; forfeiture of security; records of claims A. For purposes of this Section, "default" shall mean whenever a self-insured employer: (1) Fails to pay benefits owed under this Chapter to an injured worker for undisputed claims and the employer is in bank…
La. Rev. Stat. § 23:1168.4 Duties of the assistant secretary
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§1168.4. Duties of the assistant secretary A. Upon the default of any self-insured employer, the assistant secretary shall deposit the proceeds from the security or the bond into an interest-bearing account. The interest derived therefrom shall be used to offset the administratio…
La. Rev. Stat. § 23:1168.5 Deposit of monies collected
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§1168.5. Deposit of monies collected The monies collected by the assistant secretary shall be deposited in one or more state or national banks, savings banks, trust companies, or savings and loan associations chartered to do business in this state. Any depository so selected shal…
La. Rev. Stat. § 23:1168.6 Appointment of assistants
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§1168.6. Appointment of assistants A. The assistant secretary shall have the power to contract with or employ such clerks or assistants as may by him be deemed necessary and to give each such powers to assist him as he may consider wise. B. The assistant secretary may contract wi…
La. Rev. Stat. § 23:1168.7 Priority of claims
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§1168.7. Priority of claims The priorities of distribution of the security shall be as follows: (1) Claims by injured employees of the self-insured employer. (2) The assistant secretary's costs and expenses of administration and any claims handling expenses. (3) All other claims.…
La. Rev. Stat. § 23:1168.8 Time to file claims
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§1168.8. Time to file claims A. Upon the default of a self-insured employer, the assistant secretary r shall notify all persons who may have claims against such employer and who have not filed proper proofs thereof, to present the same to him, at a place specified in such notice,…
La. Rev. Stat. § 23:1168.9 Proof and allowance of claims
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§1168.9. Proof and allowance of claims A proof of claim shall consist of a statement under oath, in writing, and signed by the injured employee or his representative, setting forth the claim, whether any payments have been made on the claim and that the sum claimed is justly owed…
La. Rev. Stat. § 23:1169 Failure of employer to secure payment; power of secretary
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§1169. Failure of employer to secure payment; power of secretary Failure on the part of any employer to secure the payment of compensation provided in the Worker's Compensation Act shall have the effect of enabling the secretary, or his designee, to proceed against the employer, …
La. Rev. Stat. § 23:1170 Penalty for failure to secure workers' compensation insurance; assessment and
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§1170. Penalty for failure to secure workers' compensation insurance; assessment and collection A. In addition to any other penalty prescribed by law, any employer who fails to secure compensation required by R.S. 23:1168 shall be liable for a civil penalty, to be assessed by the…
