HLS 12RS-1107 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 672
BY REPRESENTATIVE EDWARDS
WORKERS COMPENSATION: Provides relative to the prescriptive period for certain
injuries
AN ACT1
To amend and reenact R.S. 23:1209(A)(3), relative to workers' compensation; to provide for2
the prescriptive period for certain injuries; to increase the prescriptive period; and3
to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 23:1209(A)(3) is hereby amended and reenacted to read as follows:6
ยง1209. Prescription; timeliness of filing; dismissal for want of prosecution7
A.8
* * *9
(3) When the injury does not result at the time of or develop immediately10
after the accident, the limitation shall not take effect until expiration of one year from11
the time the injury develops, but in all such cases the claim for payment shall be12
forever barred unless the proceedings have been begun within two three years from13
the date of the accident.14
* * *15 HLS 12RS-1107 ORIGINAL
HB NO. 672
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Edwards HB No. 672
Abstract: Provides for a prescriptive period for claiming workers' compensation benefits
in cases involving injuries that develop after the accident or injury.
Present law provides that all claims for payments shall be forever barred unless within one
year after the accident or death the parties have agreed upon the payments or filed a formal
claim.
Present law provides that in cases where payments have been made, the limitations shall not
take effect until the expiration of one year from the time of making the last payment, or three
years after the last payment in certain disability cases.
Present law provides that in cases when the injury does not develop immediately, the
limitation shall not take effect until one year from the time the injury develops, and that the
claim for payment shall be forever barred unless the proceedings have begun within two
years from the date of the accident.
Proposed law changes present law to provide that the claim for payment shall be forever
barred unless the proceedings have begun within three years from the date of the accident.
(Amends R.S. 23:1209(A)(3))