Do I Qualify for Louisiana Workers’ Compensation Benefits? The Domestic Worker Exemption in Louisiana

In Louisiana, when most workers get injured on the job, they are entitled to certain benefits under Louisiana workers’ compensation laws. Louisiana workers’ compensation benefits include important financial benefits such as wage replacement for the time that the worker is out of work and cannot earn a living, reimbursement of medical expenses to treat and recover from the workplace injury, rehabilitation training to get back to work, and other important and necessary benefits. The Louisiana workers’ compensation program is administered by the Louisiana Workforce Commission, which is a state agency. In order to get workers’ compensation benefits in Louisiana, workers who have been injured on the job must apply to the Louisiana Workforce Commission for benefits, and the application must be granted.

Although most workers in Louisiana are entitled to Louisiana workers’ compensation benefits when they are injured on the job and cannot work, there are some exceptions. One of those exceptions is for Louisiana “domestic workers” or “domestic employees.” Under Louisiana workers’ compensation laws, domestic workers or domestic employees are not entitled to workers’ compensation benefits if they are injured on the job and are unable to work. But what exactly are domestic workers and how can you tell if you are an exempt domestic worker?

Domestic Workers in Louisiana: Those Workers Who Work in The Home

The United States Department of Labor (DOL) provides guidance on what exactly defines a domestic employee or domestic worker. The DOL explains that “domestic service workers provide services of a household nature in or about a private home….” Some examples of domestic workers who may work in Louisiana are “companions, babysitters, cooks, waiters, maids, housekeepers, nannies, nurses, caretakers, handymen, gardeners, home health aides, personal care aides, and family chauffeurs.” The DOL also further divides domestic workers as “live-in” and “live-out” domestic workers. In sum, domestic workers are workers who work inside the home doing typically “domestic” work.

How Can I Tell if I am Exempt from Louisiana Workers’ Compensation?

It is important to know that not all workers who do domestic work are exempt under Louisiana workers’ compensation laws. Some workers, such as maids or other workers may be employed by larger companies and may not be “domestic workers” for the purposes of Louisiana workers’ compensation laws. In order to determine whether you are entitled to the protections of Louisiana workers’ compensation laws, it is always best to chat with an experienced Louisiana workers’ compensation lawyer about your particular case.

Help with Your Louisiana Workers’ Compensation Case

If you were injured on the job and you need assistance with obtaining Louisiana workers’ compensation benefits, contact the experienced Louisiana workers’ compensation lawyers at the law firm Lunsford Baskin & Priebe. The experienced Louisiana workers’ compensation lawyers at Lunsford Baskin & Priebe offer a free and confidential consultation to learn about your case and to see if they can help. Contact Lunsford Baskin & Priebe today and speak to an experienced Louisiana lawyer for free.

Source:

dol.gov/agencies/whd/fact-sheets/79b-flsa-live-in-domestic-workers