Workers’ Compensation Resource Guide Book

Exclusive Remedy History The Workers’ Compensation program is a social compromise whereby the employer provides insurance coverage for injuries occurring in the workplace regardless of fault in exchange for the employee’s waiver of tort liability.  The basic rule of worker’s compensation is you either get workers’ compensation or you have a right to tort recovery.  This theory is known as exclusive remedy. Under the theory of exclusive remedy, the injured […]

Employment Status Workers’ Compensation law is founded on the principle that employee injuries are a cost of doing business.  That cost should be absorbed by the employer and ultimately passed on to the consumer.  That principle is only served, however, if compensation is limited to persons that are engaged in the employer’s trade, business, or occupation, i.e., employees. Presumption of Employee Status La. R.S. 23:1044: A person rendering service for […]