Repeals the prohibition of the receipt of workers' compensation benefits while incarcerated
Impact
The passage of HB 464 would significantly alter the landscape of workers' compensation laws in Louisiana. By allowing incarcerated individuals to maintain access to benefits, the bill would ensure that those injured on the job can still provide for their dependents. This change is viewed as a move towards greater fairness in the workers' compensation system, acknowledging that individuals should not be penalized for their incarceration, especially if their families depend on these benefits for survival.
Summary
House Bill 464, introduced by Representative Hunter, seeks to repeal the current prohibition on the receipt of workers' compensation benefits while an individual is incarcerated. Existing law mandates that individuals forfeit their benefits during incarceration, with limited exceptions pertaining to dependent support. The proposed change will allow incarcerated individuals to continue receiving benefits, aimed at providing financial support even while serving time, particularly for those with dependents relying on such funding.
Sentiment
The sentiment surrounding HB 464 appears to be generally supportive among advocates for social justice and rehabilitation. Proponents argue that incarcerated individuals still have responsibilities to their families and deserve the right to support them financially. However, there may be concerns from some legislative members regarding the implications of allowing benefits to flow to incarcerated individuals, as this could be seen as a misuse of public funds.
Contention
The main point of contention likely revolves around the potential for abuse of the system by individuals who may try to manipulate their situation to receive benefits. Critics may argue that this could place an additional financial burden on the workers' compensation system and tax payers. Additionally, debates may emerge regarding the fairness of permitting individuals who have committed crimes to receive benefits while those who are law-abiding are not afforded the same privileges.
Removes the authority of the office of workers' compensation to adjudicate workers' compensation claims and provides that the district courts have original jurisdiction of workers' compensation claims. (1/1/15)
Provides relative to the offset of disability retirement benefits of members of the Firefighters' Retirement System based on receipt of workers' compensation benefits (EN NO IMPACT APV)