What You Need to Know About Workers’ Compensation in NOLA in 2022

Anyone seeking to file a workers’ compensation claim in 2022 in New Orleans, Louisiana, may be surprised to learn about recent changes. New legislation regarding the COVID-19 pandemic may affect your workers’ compensation claim.

Some laws have been put in place to protect workers during the pandemic. Other laws aim to protect businesses over individuals. If you’re a worker in NOLA, it’s essential to understand how these laws affect you.

How Does Workers’ Compensation Work in Louisiana?

All employers in Louisiana are required to carry workers’ compensation insurance or be approved for self-insurance. Full-time, part-time, seasonal workers, and minors are all eligible for workers’ comp benefits. Injured workers must follow specific procedures to apply for workers’ comp benefits in Louisiana.

Report the accident to your employer within 30 days. Your employer will file your workers’ comp claim within 10 days. The Office of Workers’ Compensation Administration (OWCA) will review your claim and may ask for another medical examination if necessary.

After your claim has been approved, you will receive your benefits. If your claim is denied, you may appeal the judgment.

How Much Does Workers’ Compensation Pay?

If you are physically unable to work, your workers’ compensation claim will provide you with temporary total disability (TTD) benefits while you recover. TTD benefits will be paid weekly amounting to two-thirds of your average earnings. The pay ranges between 20%-75% of the statewide average weekly wage.

If you are injured between September 1, 2020, and August 31, 2021, your minimum TTD benefits will be $188. The maximum is $705 per week.

How Long Can You Receive Workers’ Compensation Benefits?

If you qualify for workers’ compensation benefits, you may be unable to work for some time. Depending on which benefits you qualify for, time limits may apply for how long you can receive payments. There are no limits to how long you can receive TTD benefits if you remain unable to work.

If you are qualified for supplemental earning benefits (SEB), you can continue to collect payment for up to 520 weeks. Permanent partial disability (PPD) benefits continue for a set number of weeks depending on the injury. Permanent total disability (PTD) benefits continue indefinitely if a worker is injured too severely to ever work again.

Does Workers’ Compensation Cover COVID-19?

The COVID-19 pandemic has impacted virtually everyone, including employees and employers. As a result, new legislation has been enacted in Louisiana. Workers’ compensation, which previously covered occupational diseases, may now cover claims related to COVID-19.

Louisiana Senator Glen Womack introduced Senate Bill 475 on March 31, 2020. This bill is still pending but aims to further aid essential workers who may be exposed to the COVID-19 virus regularly.

Employees will still need to prove a causal connection between work activities and contracting COVID-19. Considerations to take into account when filing a workers’ comp claim for COVID-19 should include:

• The presence of positive COVID-19 cases at work
• The incubation period between exposure and initial symptoms
• COVID-19 exposure risks outside of work

Can Louisiana Employees Sue Their Employers for COVID-19 Exposure?

Injured or sick workers who qualify for workers’ comp benefits may not sue their employers. Additional litigation protection was granted to employers when Louisiana Gov. John Bel Edwards signed House Bill 826 on June 13, 2020. Proof of negligence will no longer be enough to file a lawsuit when COVID-19 is involved.

Litigation shield laws grant immunity to businesses and government entities for exposure during business operations. The only exceptions involve businesses that fail to comply with COVID-19 guidance or engage in gross negligence. When employees are not eligible for workers’ compensation, they can sometimes seek damages by filing a lawsuit against their employer.

Final Thoughts

Louisiana no longer offers a tort remedy for employees who contract COVID-19 at work unless their exposure to the virus resulted from an intentional act. Employees wishing to sue their employers will need to prove gross negligence, wanton misconduct, or an extreme lack of care.