As you may already know, workers compensation insurance is no cheap expenditure in the construction industry.Prices can be exorbitant and as a result, many businesses violate workers compensation laws. At Smiley Law, we always recommend that our clients are well-informed and conscientiousness about the relevant workers compensation laws of their industry.
In Louisiana, Workers Compensation is codified under Revised Statute 23:1021 et seq. This chapter stipulates many rules and definitions. Keeping track of it all can be overwhelming. Here are a few things we think you should keep in mind:
What Is It?
Workers’ compensation is a legal remedy whereby an employee who is injured on the job is automatically entitled to certain benefits.
Who Is Covered Under The Law?
Most employees in Louisiana, whether full-time, part-time, seasonal and/or minors, are covered from the first day of employment. There is a presumption that a worker has employee status, as seen in La. R.S. 23:1044. There are several factors to overcome this presumption, whereby a worker is considered an independent contractor, and not an employee. Please keep in mind that certain independent contractors may still be considered employees under the law if they are involved in the pursuit of the employer’s trade, business or occupation or if they are performing substantial manual labor.
In Louisiana, the law covers both mental and physical injuries from either accidents or occupational diseases. The event causing the injury must arise out of and be within the course and scope of the employee’s employment.
Is It Worth The Price?
Although the price to insure all employees under workers compensation insurance is high, the price that is paid if an accident happens to an uninsured worker is much higher. When the insuring companies do an audit at the end of the year of the status, there can be a hefty price tag for improper reporting.
How Expensive Is Litigation?
Litigation can come with a hefty price tag.Litigating against a company like the Louisiana Home Builders Association can be extremely expensive and time-consuming as there is almost no incentive for them to settle claims.
Considering all the expenses that a lack of proper workers compensation insurance can lead to, we always recommend that our clients invest now and save later. Here at Smiley Law we are ready to take all your workers compensation insurance questions