Louisiana 2014 2014 Regular Session

Louisiana House Bill HB783 Introduced / Bill

                    HLS 14RS-1388	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 783
BY REPRESENTATIVE WHITNEY
EMPLOYMENT: Relative to notice posting requirements for human resource outsourcing
agencies
AN ACT1
To amend and reenact R.S. 23:1302, relative to the posting of workers' compensation2
informational notices; to provide with respect to Professional Employer3
Organizations, Administrative Service Organizations, and other human resource4
outsourcing agencies; to require that notices be posted; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1.  R.S. 23:1302 is hereby amended and reenacted to read as follows:8
ยง1302.  Employer's duty to advise employees as to necessity of notice9
A. The employer shall have printed and keep posted at some convenient and10
conspicuous point in his place of business a notice reading substantially as follows:11
"In case of accidental injury or death, an injured employee or any person12
claiming to be entitled to compensation either as a claimant or as a representative of13
a person claiming to be entitled to compensation must give notice to (name and14
address of employer) within thirty days.  If notice is not given to the above party15
within thirty days, no payments will be made under the law for such injury or death.16
In addition, any fraudulent action by the employer, employee, or any other person17
for the purpose of obtaining or defeating any benefit or payment of worker's18
compensation shall subject such person to criminal as well as civil penalties."19 HLS 14RS-1388	ORIGINAL
HB NO. 783
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. When an employer has a signed agreement with a Professional Employer1
Organization (PEO), Administrative Service Organization (ASO), or any other2
human resource outsourcing agency pursuant to R.S. 22:1742 and 1746 and R.S.3
23:1768, and workers' compensation coverage is provided by the organization, the4
employer shall include the required posting for the outsourced agency.5
C. If the employer fails to keep such a notice posted, the time in which the6
notice of injury shall be given as provided in R.S. 23:1301 shall be extended to7
twelve months from the date of injury.  The director may by rule require inclusion8
of additional information in the notice required by this Section.  9
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)]
Whitney	HB No. 783
Abstract: Provides workers' compensation informational notice requirements for PEOs,
ASOs, and other human resource outsourcing agencies.
Present law requires employers to print a notice which informs employees that in the case
of accidental injury or death, the employee or other party entitled to compensation must
notify the employer of the injury within 30 days.
Present law further provides that if no notice is given to the employer within the allotted
time, no compensation payments will be made.
Present law provides that if no notice is posted, the injured person or beneficiary has up to
12 months from the date of injury to notify the employer.
Proposed law retains present law and further provides that when an employer has signed an
agreement with a PEO, ASO, or other human resource outsourcing agency, and workers'
compensation coverage is provided by the organization or agency, the employer is required
to include the posting for the agency or organization.
(Amends R.S. 23:1302)