Free Workers Compensation Study Guide
Louisiana Casualty exam — Workers Compensation.
The workers' compensation policy is covered in the national workers' compensation guide: statutory benefits, employers liability, and premium based on payroll. Louisiana's Workers' Compensation Act is in Title 23 of the Revised Statutes. It is administered by the Office of Workers' Compensation Administration (OWCA), which receives disputed claims (R.S. 23:1291, 23:1310). The Department of Insurance regulates the insurers.
How employers secure coverage (R.S. 23:1168)
Employers may secure compensation in four ways:
- with any authorized insurer
- through a group self-insurance fund
- through an interlocal risk management agency
- by self-insuring with approval
The insurer files proof of coverage with NCCI within 30 days after coverage starts.
Louisiana Workers' Compensation Corporation (LWCC) (R.S. 23:1393):
- a private, nonprofit corporation operating as a domestic mutual insurer
- not a state agency, and not a monopolistic state fund
- writes workers' comp and also serves as a residual market for Louisiana employers
- unlike other insurers, doesn't need a certificate of authority
- producers don't need an LWCC appointment to place business with it (R.S. 22:1558)
Coverage and exclusive remedy
- A person performing services in a covered trade or business is presumed to be an employee (23:1044).
- Elected or appointed executive officers of for-profit corporations are employees.
- Compensation is the exclusive remedy against the employer, except for intentional acts, which the employee may sue over in tort (23:1032).
Benefits (R.S. 23:1221, 23:1224, 23:1201)
| Benefit | Louisiana rule |
|---|---|
| Temporary total disability | 66 2/3% of wages, up to the statutory maximum |
| Supplemental earnings benefits (SEB) | Paid when the worker can't earn 90% or more of pre-injury wages. The benefit is 66 2/3% of the difference, for up to 520 weeks. |
| Waiting period | The first week isn't paid unless disability lasts two weeks or longer |
| First payment | The first installment is due on the 14th day after the employer or insurer learns of the injury |
Claim deadline (R.S. 23:1209)
If no payments have been made and nothing has been agreed, a formal claim must be filed within one year after the accident.
Insolvency
If a workers' comp insurer fails, the Louisiana Insurance Guaranty Association pays covered benefits owed to the injured employee in full (R.S. 22:2058).
Commercial cancellation
Workers' comp policies fall under Louisiana's commercial cancellation and nonrenewal law (R.S. 22:1267). It is covered in the Louisiana property and casualty basics guide.
Common exam traps
- Claims are administered by the OWCA, not the Department of Insurance.
- LWCC is a private nonprofit mutual and the residual market, not a state agency.
- TTD is 66 2/3%. SEB applies below 90% of pre-injury earnings and lasts up to 520 weeks.
- The first week is paid only if disability lasts two weeks. The first check is due by the 14th day.
- A claim must be filed within one year.
- Intentional acts are the exception to the exclusive remedy.
Practice Workers Compensation questions All Casualty topics
Practice questions are study aids generated for exam preparation and are not actual exam questions. Content is provided for educational purposes and is not legal advice. Verify current statutes, rules, and exam specifications with the Insurance Department and the exam administrator before relying on it.
