Who is the Employer's Louisiana Workers Compensation Insurance Company?

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How to Find a Louisiana Employer's Workers Compensation Insurance Company

Many times, an injured worker's employer will make it extremely difficult for the employee to figure out who the employer's workers compensation insurance company is.

First of all, the injured worker should not even have to figure out who the employer's workers compensation insurance company is.  

Instead, the employer should immediately report the claim to the employer's worker's compensation insurance company, and then workers compensation insurance company should contact the employee or the employee's workers compensation attorney.

Nonetheless, employers in Louisiana have been known - in an attempt to escape a claim - to refuse to provide the injured employee with the name of the employer's workers compensation insurance company.

Or sometimes the employer will falsely claim that it has no workers compensation insurance, or that the injured employee is not covered by his workers compensation insurance, or he simply refuses to provide you with the name of his Louisiana Workers Compensation insurance.

The best way to directly determine the employer's correct workers compensation insurance company is to simply follow this link.

Also, additional information about the employer's workers compensation insurance company - such as an address or telephone number can be found with the Louisiana Insurance Commissioner by simply following this link.

And, phone numbers for all Louisiana workers compensation insurance companies can be found here.

When is the Employer Required to Have Insurance in Louisiana Workers Compensation?

Under Louisiana law, no employer can opt out of workers' compensation coverage.

In other words, under Louisiana law, all employers are required to provide workers compensation insurance for their employees, through one of the following ways:

    1. By obtaining workers compensation insurance from an authorized workers compensation insurance company;
    2. By entering into an agreement with an authorized group self-insurance fund;
    3. By entering into an agreement with an authorized interlocal risk management agency;
    4. By using any combination of life, accident, health, property, casualty or other insurance policies offered through authorized insurance companies (also known as aggregate insurance); or
    5. By qualifying as a self-insurer.

When an insurance company issues a policy to provide workers compensation benefits, the insurance company must file with the Office of Workers Compensation within thirty days after the effective date of the policy a notice that contains the following:

    1. The name, address, and principal occupation of the employer;
    2. The number, effective date, and expiration date of the policy; and
    3. Any such other information as may be required by the Office of Workers Compensation. 

If a Louisiana employer wishes to self-insure (or provide it own self-insurance), then this employer must:

    1. Deposit with the director securities or a surety bond in an amount determined by the director which would be at least an average of the yearly claims for the last three years; and
    2. Provide proof of excess coverage with such terms and conditions as is commensurate with their ability to pay the benefits required by law.

However, the Director may waive the requirements for self-insurance if the employer is able to pay benefits and the requirements of these provisions are unnecessary.

Also, for the purpose of provided workers compensation self-insurance, five or more employers who are members of the same bona fide trade or professional association, and who meet specified qualifications, may pool their liabilities. 

But again, the bottom line here is that, under Louisiana law, all employers are required to provide compensation to their injured workers through either some type of policy of workers compensation insurance policy or other satisfactory proof of the employer's financial ability to pay workers compensation benefits owed to an injured worker.

What If the Employer Does Not Have Insurance in Louisiana Workers Compensation?

Under Louisiana law, if an employer does not have workers compensation insurance for its employees, then - in addition to being liable for the employee's workers compensation benefits - this employer will face stiff fines and penalties.

Specifically, if an employer does not have workers compensation insurance for its employees, then the employer will have to pay:

    1. Civil penalties of up to $250.00 per employee for the first offense, and not more than $250.00 per employeefor subsequent offenses, not to exceed $10,000.00;
    2. An additional 50% more in the amount of lost wage (indemnity) benefits due to the injured employee;
    3. Criminal penalties, if the employer willfully failed to provide workers compensation, of fines of up to $250.00 per employee per day and/or imprisonment with or without hard labor for not more than one year; and
    4. Criminal penalties, if the employer willfully misrepresents to any person that he has workers compensation coverage, of fines of up to $250.00 per day and/or imprisonment with or without hard labor for no less than one year and no more than ten years.

Additionally, the Office of Workers Compensation may actually close and discontinue a business if it repeatedly fails to provide workers compensation insurance for its employees.

Also, the Financial and Compliance Office of the Louisiana Office of Workers' Compensation will assess and collect any and all penalties for failure to secure workers compensation insurance.

Tort Remedy and Pain and Suffering

Under Louisiana law, an injured worker cannot sue his or her employee for tort damages, which means the employee cannot recover for pain and suffering damages.

However, in an exception to this rule, an injured worker CAN sue his or her employee for tort damages (including for pain and suffering damages), if:

    1. The employer knowingly fails to obtain workers compensation insurance self-insurance certification;
    2. The employer fails to pay a final judgment for sixty days after the parties have exhausted their rights of appeal; and
    3. No other insurance policy or self-insurance policy or contract of workers compensation coverage has paid the benefits due to the injured employee. 

Under such a scenario, the employee can file a tort lawsuit against the employer, and recover damages for pain and suffering.

However, if the employee does obtain a judgment in a tort suit for pain and suffering damages, this employee is entitled to recover one of the judgments, but not both the workers compensation judgment and the tort judgment for pain and suffering damages.

Successive Employers and Insurance Companies in Louisiana Workers Compensation

Sometimes, an employee's job injury can be the result of two separate accidents that occurred with two separate employers, each of which has its own workers compensation insurance company.

Or, sometimes, an employee's job injury can be the result of two separate accidents that occurred with the same employer, but each under a different one of the employer's workers compensation insurance companies.

Such accidents are called "successive" accidents in Louisiana workers compensation law.

Typically, these "successive" situations happen when a prior injury is aggravated by a later accident, or when separate injuries from separate accidents combine to create a greater disability. 

Fortunately, under Louisiana workers compensation law, in both the above-mentioned situations, each workers compensation insurance company is on the hook for all the benefits due to the injured employee.

In legal terms, it is described that the separate workers compensation insurance companies are "solidarily liable" for all workers' compensation benefits due to the employee.

At any rate, an injured worker can obtain the full workers compensation benefits from any or all of the workers compensation insurance companies in such a "successive" scenario, but the employee cannot receive twice the benefits (or "double-dip").

So when one workers compensation insurance company in such a "successive" scenario pays workers compensation benefits to an injured worker, that workers compensation insurance company can receive payment from the other workers compensation insurance company for it share of the amount owed.

So the bottom line here is that, fortunately, in such a "successive" scenario, the injured employee will get paid, and the different workers compensation insurance companies can be left to argue about who owes what between themselves.

The Louisiana Statutes for Insurance Requirements in Louisiana Workers Compensation

The primary Louisiana statutes for requiring the employer to maintain workers compensation insurance in Louisiana are La. R.S. 23:1032.1, La. R.S. 23:1168, La. R.S. 23:1170, La. R.S. 23:1171.1, La. R.S. 23:1171.2, La. R.S. 23:1172, La. R.S. 23:1172.1, and La. R.S. 23:1172.2, which read as follows:

§1032.1.  Failure of employer to secure payment; penalties

A.  When a direct employer, not the statutory employer or special employer, knowingly fails to secure workers' compensation insurance or proper certification of self-insured status pursuant to R.S. 23:1168, and fails to pay a final judgment for sixty days after the parties have exhausted their rights of appeal and no other insurance or self-insurance policy or contract of workers' compensation coverage has paid the benefits due under this Chapter, then the employee or the legal dependent of a deceased employee may elect to sue the direct employer for all legal damages.  Should the direct employer offer to pay the judgment for workers' compensation benefits and the employee or the legal dependent of a deceased employee accepts the offer of payment, such payment shall also discharge and satisfy the direct employer's obligation for legal damages under this Section, if the direct employer also reimburses the employee or the legal dependent of a deceased employee for all costs and expenses, including attorney fees, incurred by the employee or the legal dependent of a deceased employee in connection with the claim for legal damages to the date of the payment of the workers' compensation judgment.  Should the employee or the legal dependent of a deceased employee obtain a judgment on the cause of action for legal damages, the employee or the legal dependent of a deceased employee may elect to recover from the direct employer the greater of the judgment for legal damages or the judgment for workers' compensation benefits, but the employee or the legal dependent of a deceased employee shall be limited to recovery of only one such judgment, and the payment of the judgment elected shall discharge both judgments.

B.  A statutory employer or special employer who has secured workers' compensation insurance or proper certification of self-insured status pursuant to R.S. 23:1168, as well as any public body or municipality, shall not be subject to the remedy provided in Subsection A of this Section and shall not be required to pay an increased weekly compensation penalty established in R.S. 23:1171.2 due to the failure of the direct employer to secure workers' compensation insurance or self-insured certification.

Acts 2005, No. 257, §1.

§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 authorized to transact the business of workers' compensation insurance in this state. When an insurer issues a policy to provide workers' compensation benefits pursuant to the provisions of the Workers' Compensation Act, the insurer shall report to the National Council on Compensation Insurance all policy information in accordance with the reporting guidelines established by the National Council on Compensation Insurance. Proof of coverage must be filed no later than thirty days after the effective date of coverage and include the name of each business entity operating in the state of Louisiana for which coverage is provided.

(2) By entering into an agreement with a group self-insurance fund as provided for in R.S. 23:1191 et seq.

(3) By entering into an agreement with an interlocal risk management agency as provided for in R.S. 33:1341 et seq.

(4) By furnishing satisfactory proof to the assistant secretary of the employer's financial ability to pay such compensation. The assistant secretary, pursuant to rules adopted by the office for an individual self-insured or own risk carrier, including but not limited to rules relative to security and excess coverage, shall require that an employer:

(a) Deposit with the assistant secretary securities or a surety bond in an amount determined by the assistant secretary which would be at least an average of the yearly claims for the last three years.

(b) Provide proof of excess coverage with such terms and conditions as is commensurate with their ability to pay the benefits required by the provisions of the Workers' Compensation Act.

(5) Repealed by Acts 2014, No. 375, §2.

B.(1) The assistant secretary may waive the requirements of Paragraph A(4) of this Section if he finds any company able to pay benefits, and that the requirements of these provisions are unnecessary. He shall establish rules which set standards for such waiver.

(2) The assistant secretary shall waive the requirements of Paragraph A(4) of this Section if any employer that is a municipality or other political subdivision of the state is able to demonstrate financial responsibility and ability to pay benefits by the filing of annual reports including statements of financial condition and summary loss data detailing past claims experience.

C. Any employer that knowingly provides false information to the assistant secretary for purposes of becoming self-insured or own risk carrier or a group pool association shall be subject to the perjury laws of this state.

D. Repealed by Acts 2006, No. 49, §2, eff. May 16, 2006.

Acts 1988, No. 938, §2, eff. July 1, 1989; Acts 1989, No. 28, §1, eff. June 15, 1989; Acts 1989, No. 454, §12, eff. Jan. 1, 1993; Acts 1995, No. 81, §1; Acts 1995, No. 349, §1, eff. June 16, 1995; Acts 1999, No. 625, §1; Acts 2001, No. 927, §1, eff. June 26, 2001; Acts 2003, No. 455, §1; Acts 2005, No. 257, §2; Acts 2006, No. 49, §2, eff. May 16, 2006; Acts 2010, No. 794, §2; Acts 2014, No. 375, §§1, 2.

§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 workers' compensation judge, of not more than two hundred fifty dollars per employee for a first offense, and liable for a civil penalty of not more than five hundred dollars per employee for a second or subsequent offense; however, the maximum civil penalty for a first offense shall not exceed ten thousand dollars for all related series of violations. All civil penalties collected shall be deposited in the Office of Workers' Compensation Administrative Fund established in R.S. 23:1291.1(E).

B. The workers' compensation judge shall assess any civil penalty incurred under Subsection A of this Section against any employer who fails to provide proof of compliance within fifteen days of any notice. Any penalty assessed and collected pursuant to this Section shall be forwarded to the fraud administrator for collection. In his discretion, the fraud administrator may remit, mitigate, or negotiate the penalty if proof of the mitigating circumstances is provided within fifteen days of notice of the assessment. In determining the amount of the penalty to be assessed, or the amount agreed upon in any negotiation, consideration shall be given to the appropriateness of such penalty in light of the life of the business of the employer charged, the gravity of the violation, and the extent to which the employer charged has complied with the provisions of R.S. 23:1168, or has otherwise attempted to remedy the consequences of the said violation. Individual proceedings shall be conducted pursuant to the provisions of R.S. 23:1171.

C. In addition to any penalties assessed in accordance with the provisions of this Chapter, the workers' compensation judge shall order the employer to provide proof of compliance with R.S. 23:1168 within forty-five days of the order.

Acts 1988, No. 938, §2, eff. July 1, 1989; Acts 1989, No. 512, §1, eff. Jan. 1, 1990; Acts 1992, No. 447, §1, eff. June 20, 1992; Acts 1992, No. 764, §1; Acts 2001, No. 1185, §2, eff. July 1, 2001; Acts 2001, No. 1185, §10, eff. July 1, 2002; Acts 2010, No. 288, §1; Acts 2014, No. 375, §1; Acts 2018, No. 612, §7, eff. July 1, 2020; Acts 2018, 2nd E.S., No. 12, §1, eff. June 12, 2018.

§1171.1. Discontinuance of business; injunction; procedure

A. The assistant secretary, or his designee, shall investigate an employer if he receives information from any person or entity that such employer has failed to provide security for compensation as required by R.S. 23:1168. If such allegations can be reasonably substantiated, and the employer has previously been subject to a civil penalty pursuant to R.S. 23:1170 or criminal penalties pursuant to R.S. 23:1172, the assistant secretary, or his designee, and the employer has previously been fined under R.S. 23:1170 or been penalized under R.S. 23:1172, the assistant secretary shall notify the employer that, unless he can show proof of compliance with R.S. 23:1168 within fifteen days, he shall be subject to a civil penalty pursuant to the provisions of R.S. 23:1170.

B. If such allegations can be reasonably substantiated and the employer has been fined under R.S. 23:1170 or penalized under R.S. 23:1172, the assistant secretary shall notify the employer that unless he can show proof of compliance with R.S. 23:1168 within fifteen days, he shall be subject to further fines and penalties, including but not limited to an injunction against further business operations.

C. If within fifteen days of the employer's receipt of such notice he has not submitted to the assistant secretary satisfactory proof of such compliance, the assistant secretary or his designee shall request the workers' compensation judge of any district where the employer does business to set the matter for hearing in accordance with the procedures set forth by law for claims for workers' compensation benefits. Upon the request of the assistant secretary or his designee, the workers' compensation judge shall issue a rule to show cause to the employer why he should not be fined or penalized for failure to show proof of compliance with R.S. 23:1168 when requested.

D.(1) If at such hearing, it is determined that the employer is in violation of his obligation under R.S. 23:1168, the workers' compensation judge shall fine the employer in the manner provided pursuant to R.S. 23:1170(A) and shall order the employer to provide proof of compliance with R.S. 23:1168 within forty-five days of the order by securing the appropriate coverage. Should the employer fail to file such evidence, the workers' compensation judge shall assess a fine for a second offense and issue a cease and desist order prohibiting the employer from continuing its business operations until such time as the employer complies with R.S. 23:1168, and all fines issued are paid in full.

(2) Any cease and desist order issued by the workers' compensation judge under Paragraph (1) of this Subsection shall include specific findings of fact based upon evidence of all of the following:

(a) The employer received notice of the hearing.

(b) The employer employs employees for whom it must secure workers' compensation insurance or be authorized to self-insure under the provisions of this Chapter.

(c) The employer has willfully failed to provide security for compensation as required by R.S. 23:1168 and there has been a final determination in a matter in which the employer has been fined under R.S. 23:1170 or penalized under R.S. 23:1172.

(d) The employer continues to operate its business in the absence of such security for compensation.

(3) There shall be a presumption that an employer who has previously been civilly fined for a second offense, or has previously been criminally penalized, has willfully failed to secure his obligation under R.S. 23:1168.

(4) A cease and desist order shall not issue prior to a hearing and there shall be no interruption of an employer's business operation if he submits satisfactory proof to the workers' compensation judge of his compliance with R.S. 23:1168, regardless of whether he may have been in violation thereof previously.

E.(1) After the issuance of a cease and desist order and upon the request of the assistant secretary or the assistant secretary's designee, the attorney general shall immediately institute proceedings for injunctive relief against the employer in the district court of any judicial district in this state where the employer does business. In such district court proceedings, a certified copy of any cease and desist order entered by the workers' compensation judge in accordance with this Section based upon evidence in the record shall be prima facie evidence of the facts found in such record.

(2) Such injunctive relief may include the issuance of a temporary restraining order under Louisiana Code of Civil Procedure Article 3601 et seq., which order shall enjoin the employer from continuing its business operations until it has procured the required insurance or authorization to self-insure or has posted adequate security with the court pending the procurement of such insurance or authorization. The court, in its discretion, shall determine the amount that shall constitute adequate security.

F. The issuance of an order to cease and desist or the issuance of a temporary restraining order or an injunction against an employer for failure to insure or keep insurance in force as required by R.S. 23:1168 shall be in addition to any civil or criminal penalties imposed by any other provision of law or Paragraph (D)(1) of this Section.

Acts 1995, No. 368, §1, eff. June 16, 1995; Acts 1997, No. 88, §1, eff. June 11, 1997; Acts 2008, No. 705, §1; Acts 2010, No. 288, §1; Acts 2014, No. 375, §1.

§1171.2. Default of employer; additional liability

The amount of weekly compensation provided in this Chapter shall be increased by fifty percent in any case where the employer has failed to provide security for compensation as required by R.S. 23:1168.

Acts 1995, No. 368, §1, eff. June 16, 1995.

§1172. Criminal penalties

A. Any employer who willfully fails to provide security for compensation required by R.S. 23:1168 shall be subject to a fine of up to two hundred fifty dollars per day that the employer willfully failed to provide security for compensation or imprisonment with or without hard labor for not more than one year, or both such fine and imprisonment. All fines collected shall be deposited in the Office of Workers' Compensation Administrative Fund established in R.S. 23:1291.1(E).

B. Evidence of two prior penalties assessed by the Louisiana Workforce Commission pursuant to R.S. 23:1170 and 1171 in any given three-year period shall constitute a prima facie case of a willful violation.

C.(1) No person acting gratuitously and without malice, fraudulent intent, or bad faith, shall be subject to civil liability for libel, slander, or any other relevant tort, and no civil cause of action of any nature shall exist against such person or entity by virtue of the filing of reports or furnishing of other information, either orally or in writing, relative to a violation by any person of the provisions of R.S. 23:1168.

(2) The grant of immunity provided by this Subsection shall not abrogate or modify in any way any statutory or other privilege or immunity otherwise enjoyed by such person or entity.

Acts 1988, No. 938, §2, eff. July 1, 1989; Acts 1989, No. 512, §1, eff. Jan. 1, 1990; Acts 1992, No. 447, §1, eff. June 20, 1992; Acts 1995, No. 368, §1, eff. June 16, 1995; Acts 1995, No. 1129, §1, eff. June 29, 1995; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2010, No. 288, §1; Acts 2018, No. 612, §7, eff. July 1, 2020; Acts 2018, 2nd E.S., No. 12, §1, eff. June 12, 2018.

§1172.1. Willful misrepresentation by employer; aiding or abetting; criminal penalties; civil immunity

A. It shall be unlawful for any employer in writing to willfully misrepresent to any person that he has provided or provides security for compensation as required by R.S. 23:1168.

B. It shall be unlawful for any person, whether present or absent, directly or indirectly, to aid and abet an employer, or directly or indirectly counsel an employer to willfully misrepresent that the employer has provided or provides security for compensation as required by R.S. 23:1168.

C. Whoever violates any provision of this Section shall be imprisoned, with or without hard labor, for not less than one year nor more than ten years, or fined up to two hundred fifty dollars per day that the employer willfully failed to provide security for compensation, or both. All fines collected shall be deposited in the Office of Workers' Compensation Administrative Fund established in R.S. 23:1291.1(E).

D.(1) No person acting gratuitously and without malice, fraudulent intent, or bad faith, shall be subject to civil liability for libel, slander, or any other relevant tort, and no civil cause of action of any nature shall exist against such person or entity by virtue of the filing of reports or furnishing of other information, either orally or in writing, relative to a violation by any person of the provisions of this Section.

(2) The grant of immunity provided by this Subsection shall not abrogate or modify in any way any statutory or other privilege or immunity otherwise enjoyed by such person or entity.

Acts 1993, No. 828, §1, eff. June 22, 1993; Acts 1995, No. 1129, §1, eff. June 29, 1995; Acts 2010, No. 288, §1; Acts 2018, No. 612, §7, eff. July 1, 2020; Acts 2018, No. 12, §1, eff. June 30, 2018.

§1172.2. Unlawful practices

A. It shall be unlawful for any person to knowingly make any false, fraudulent, or misleading oral or written statement, or to knowingly omit or conceal material information for the purpose of obtaining workers' compensation coverage, or for the purpose of avoiding, delaying, or diminishing the amount of payment of any workers' compensation premiums.

B. It shall be unlawful for any person to knowingly misrepresent or conceal payroll, classification of workers, or information regarding any employer's loss history which would be material to the computation and application of an experience rating modification factor for the purpose of avoiding or diminishing the amount of payment of any workers' compensation premiums.

C. It shall be unlawful for any person, whether present or absent, directly or indirectly, to aid and abet any other person, or directly or indirectly counsel any other person, to engage in conduct in violation of this Section.

D. Whoever violates any provision of this Section shall be imprisoned, with or without hard labor, for not less than one year nor more than ten years, or fined up to two hundred fifty dollars per day that such person's violation of any provision of this Section resulted in failure to properly provide security for compensation, or both. All fines collected shall be deposited in the Office of Workers' Compensation Administrative Fund established in R.S. 23:1291.1(E).

E.(1)(a) Any person, insurer, or self-insurance fund who has knowledge of or who believes that a false, fraudulent, or misleading statement is knowingly made or is knowingly omitted for the purpose of avoiding, delaying, or diminishing the amount of payment of any workers' compensation premium shall, within sixty days of notice of such statement or omission, send to the office of workers' compensation administration, on a form prescribed by the assistant secretary, the information requested and such additional information as may be requested by the office of workers' compensation administration.

(b) The office of workers' compensation administration shall review such reports and select such acts of misrepresentation as, in its judgment, may require further investigation.

(c) The office of workers' compensation administration shall then cause an independent examination of the facts surrounding such acts to be made to determine the extent, if any, to which fraud, deceit, or intentional misrepresentation of any kind exists.

(d) The office of workers' compensation administration shall report any alleged violations of law which its investigations disclose to the appropriate licensing agency and prosecuting authorities having jurisdiction with respect to such violation.

(2) No person or entity acting without malice, fraudulent intent, reckless disregard for the truth, or bad faith, shall be subject to civil liability for libel, slander, or any other relevant tort, and no civil cause of action of any nature shall exist against such person or entity by virtue of the filing of reports or furnishing of other information, either orally or in writing, relative to a violation by any employer of the provisions of this Section.

(3) The grant of immunity provided by this Subsection shall not abrogate or modify in any way any statutory or other privilege or immunity otherwise enjoyed by such person or entity.

(4) Any person or entity entitled by this Subsection to immunity from civil liability shall also be entitled to an award of attorney fees and costs if they are the prevailing party in a civil suit and the party bringing the action was not substantially justified in doing so. For purposes of this Section, a proceeding is "substantially justified" if it had a reasonable basis in law or fact at the time it was initiated.

Acts 1995, No. 1129, §1, eff. June 29, 1995; Acts 2010, No. 3, §1, eff. May 11, 2010; Acts 2010, No. 288, §1; Acts 2018, No. 612, §7, eff. July 1, 2020, Acts 2018, 2nd E.S., eff. June 12, 2018.

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