The Louisiana Legislature is currently considering proposed legislation which would provide workers’ compensation coverage for essential workers during the COVID-19 pandemic.[1] The proposed law states that every essential worker who is disabled because of the contraction of the COVID-19 disease is entitled to the same compensation as if that essential worker had received personal
In the midst of the novel COVID-19 pandemic, businesses of all sectors have been impacted in some way. This includes the legal community as some courts have closed, deadlines have been postponed, legal professionals are working from home, and even new laws are being passed – please see Kean Miller’s Louisiana Law Blog for continued
Under Louisiana law, workers’ compensation is the exclusive remedy that an employee may assert against his employer or fellow employees for work-related injury, unless he was the victim of an intentional act. That exclusive remedy also extends to statutory employers.
Workers’ compensation legislation was enacted to provide social insurance to compensate victims of industrial accidents,
The 5th Circuit issued a decision this week addressing an employer’s liability for benefits under the LHWCA to an employee who was allegedly injured while working. Although the end result was employer-friendly, it took numerous appeals for the employer to obtain it. Although some language suggests the plaintiff also filed a separate tort suit, this