Frequently Asked Questions From Employers About Disputed Claims

1. I'm a new employer in Louisiana. How do I know if I need workers' compensation insurance?
2. Where do I get workers' compensation insurance?
3. How do I become self-insured?
4. Can I deduct workers' compensation insurance premiums from my employees' earnings?
5. Am I supposed to report an injury, or should my insurer?
6. What can I do if I think an employee filed a false claim for workers' compensation benefits?
7. I've just been informed that I am being sued in workers' compensation court. What should I do?
8. How do I compute an injured employee's weekly compensation rate?
9. I had workers' compensation insurance with Reliance Insurance Company and have been told that they are insolvent. What should I do?
10. Isn't a person who quits or gets fired automatically disqualified?

1. I'm a new employer in Louisiana. How do I know if I need workers' compensation insurance?

   All public and private employers in Louisiana, with limited exceptions, are required to provide workers' compensation insurance coverage for their employees. Any person hired to perform services for remuneration, whether full or part-time, is considered an employee. There are few exemptions (PDF) to this requirement. If you are unsure, contact the Financial & Compliance section of the Office of Workers' Compensation Administration (OWCA).

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2. Where do I get workers' compensation insurance?

   You can get workers' compensation insurance from any authorized insurance company (PDF) licensed to sell such policies in the state of Louisiana, or you may wish to become part of a group self-insurance fund. Proof of coverage must be provided to OWCA in order to avoid the assessment of penalties and fines.

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3. How do I become self-insured?

   In order to become a self-insured employer, you must complete a Self-Insurer Application (PDF). Once you complete the application, you must return it to OWCA along with requested documentation. A Self-Insurer Application Checklist (PDF) is available to ensure that all the necessary information is provided.

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4. Can I deduct workers' compensation insurance premiums from my employees' earnings?

   No. Workers' compensation insurance premiums are paid solely by the employer.

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5. Am I supposed to report an injury, or should my insurer?

   The insurer is responsible for completing the Employer's First Report of Injury. Injuries should be reported to OWCA within seven days. For your convenience and ease in meeting reporting requirements, the Employer's First Report of Injury, Notice of Payment, and Notice that Payments have Stopped are now available for electronic submission. For further information or assistance with these forms, contact nadolph@lwc.la.gov.

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6. What can I do if I think an employee filed a false claim for workers' compensation benefits?

   The Fraud Section actively and aggressively investigates any allegations of workers' compensation fraud. To report fraud, submit the online form or call our nationwide toll-free fraud hotline at 1-800-201-3362.

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7. I've just been informed that I am being sued in workers' compensation court. What should I do?

   If a Disputed Claim for Compensation (PDF) is filed in a workers' compensation district office, you should contact your insurer for any necessary information. You may also contact the Dispute Resolution Officer located in that particular district office for assistance.

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8. How do I compute an injured employee's weekly compensation rate?

   An injured workers' compensation rate is based upon sixty-six and two-thirds percent (66 2/3%) of his or her average weekly wages for the four full weeks preceding the accident, or 40 hours, whichever is greater. Minimum and maximum compensation rates (PDF) are established by law based on these average wages.

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9. I had workers' compensation insurance with Reliance Insurance Company and have been told that they are insolvent. What should I do?

   All claims filed against Reliance Insurance Company are now being handled by the Louisiana Insurance Guaranty Association (LIGA). Information regarding Reliance Insurance Company's insolvency can be obtained via LIGA's Web site or by contacting them at 1-225-291-4775.

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10. Have additional questions regarding workers' compensation claims?

    Email us at Answer My Question.

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